HomeMy WebLinkAboutRES NO 97-00 97-00
RESOLUTION NO.
RESOLUTION ORDERING CHANGE OF PROCEEDINGS
TO AUTHORIZE ADDITIONAL IMPROVEMENTS TO BE
PAID FROM PROCEEDS OF SPECIFIED SOURCES
CITY OF BAKERSFIELD
ASSESSMENT DISTRICT NO. 94-3
(SILVER CREEK/BRI~dHALL NORTH/SEVEN OAKS/SOUTH LAURELGLEN)
WHEREAS, this City Council having been advised by the Director of Public
Works of the City (the "Director") (a) that the work and improvements which were originally
authorized (the "Original Improvement Project") for Assessment District No. 94-3 (Silver
CreeldBrimhall NortlVSeven Oaks/South Laurelglen) ("Assessmerit District No. 94-3") of the
City of Bakers field (the "City"') have been substantially completed and (b) that there remains an
unspent amount (the "Unspent Amount") in the funds and accounts for Assessment District No.
94-3 which represent investment earnings which, in the normal course, would be credited against
the annual installments otherwise billable on account of unpaid assessments; and
WHEREAS, as set forth on page one of Exhibit A, attached hereto and by this
reference incorporated herein, a proposed allocation of the Unspent Amount has been established
for each of five "community ozreas" representing distinct areas of benefit within Assessment
District No. 94-3 based upon benefit received from the Original Improvement Project; and
WHEREAS, page two of Exhibit A sets forth, by contmunity area, (a) a brief
description of proposed additional public improvements (the "Additional Improvements"), if
any, not included in the Original Improvement Project, (b) an estimate of the cost and expense of
the Additional Improvements and (c) a description of the proposed sources of funds for payment
of the estimated cost and expense of the Additional Improvements; and
WHEREAS, with respect to the Additional Improvements attributable to the
community area referred to in Item 2 on page two of Exhibit A as "Seven Oaks" (the "Seven
Oaks Additional Improvements"), Castle & Cooke, the original developer of the property in
Assessment District No. 94-3 :and still the owner of the property assessed within the Seven Oaks
40213-20 SS4 ~5 ~'C,
community area, has requested that the portion of the Unspent Amount which is allocable to the
Seven Oaks community area (the "Seven Oaks Share") be utilized to pay for a portion of the cost
and expense of the Seven Oaks Additional Improvements (shown un page two of Exhibit A,
under Item 2, as the "Portion from excess bond funds") and has agreed to pay the remainder of
the costs and expense of the Seven Oaks Additional Improvements as a contribution (shown as
the "Developer's contributions',"); and
WHEREAS, with respect to the remaining Additional Improvements, as set forth
in Items 3 and 4 on page 2 of Exhibit A, the Director has recommended that a portion of the cost
and expense thereof be charged to the portion of the Unspent Amount allocable to those
respective community areas and that the remainder of such cost and expense be paid from funds
of the City legally available for such purpose (identified in each case as the "Portion from City
contributions") on the basis that such remainder portion represents general benefit to the City and
its inhabitants at large rather than special, local benefit to the property owners within the
respective community areas;
WHEREAS, this City Council finds and determines (a) that construction and
installation of the Additional Improvements will serve a public purpose and (b) that the proposed
utilization of the respective community area shares of the Unspent Amount, together with the
proposed payment of portions of the cost and expense of the Additional Improvements from City
funds legally available for the purpose, is consistent with the original financing program for
Assessment District No. 94-3; and
WHEREAS, in furtherance of implementing the recommendation of the Director,
this City Council wishes to order a change of proceedings pursuant to Section 10352 of the
California Streets and Highways Code ("Section 10352") to authorize the Additional
Improvements;
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES
AND RESOLVES as follows:
DOCSSF1:464325.1 ~'~'
40213-20 SS4
SECTION 1..~d)DITIONAL IMPROVEMENTS AUTHORIZED. Pursuant to
Section 10352, this City Council hereby orders a change of proceedings for Assessment District
No. 94-3 to authorize the Additional Improvements, which this City Council hereby finds and
determines will serve the public interest and convenience.
SECTION 2. DISBURSEMENT OF SEVEN OAKS SHARE. Upon a
determination by the Director that the Seven Oaks Additional Improvements have been
completed by Castle & Cooke and are ready for acceptance, the Finance Director of the City is
authorized to disburse to Castle & Cooke an amount equal to the Seven Oaks Share on account
of the cost and expense to be borne by Castle & Cooke to construct and install the Seven Oaks
Additional Improvements.
SECTION 3. DISBURSEMENT OF REMAINING COMMUNITY AREA
SHARES. The Finance Director is further authorized to disburse that portion of the Unspent
Amount allocated to the remaining community areas in accordance with Exhibit A. Without
limiting the generality of the fbregoing sentence, where such portion is not being utilized to pay
a portion of the cost and expense of Additional Improvements, such portion shall be utilized by
the Finance Director in the manner provided by Section 10427.1 of the Streets and Highways
Code for surplus funds of Assessment District No. 94-3.
SECTION 4. RESOLUTION EFFECTIVE IMMEDIATELY. This resolution
shall be effective immediately upon its adoption.
, · · ·
DOCSSF1:464325. t :~,
40213-20 SS4
I HEREBY CERTIFY ~hat the foregoing resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
I~LI~ 3 fi ~11111~2000, by the fo][lowing vote:
AYES: COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CARSON, DEMOND, MAGGARD, COUCH, li~.~'~J, SULLIVAN, SALVAGGIO
~o ~ ~
City of Bakersfield
APPROVED this day of AUG 1 ~ Z0O~} 2000
APPROVED AS TO FORM:
ORRICK, HERRINGTON & SUTCL1FFE LLP
Bond Counsel
COUNTERSIGNED:
BART J. THILTGEN
City Attorney
DOCSSF 1:464325.
40213-20 SS4
EXHIBIT A
ALLOCATION OF EXCESS BOND FIJNDS
BY AD 94-3 COMMUNITY AREA
2.
3.
4.
5.
Community Area
South Laurelglen Improvements
Seven Oaks Improw-=ments
Silver Creek Improw.=ments
Brimhall North East Improvements
Brimhall North West Improvements
Excess Bond Fund Allocation
$36,163.75
$568,814.74
$499,079.06
$117,497,05
$45,385.66
$1,266,940.10
S:\pROJECTS~ASMTDIST\94-3\Excess Earnings\Exhibit A,wpd
Page I
PROPOSED PROJECTS FOR USE OF EXCESS BOND FUNDS
BY AD 94-3 COMMUNITY AREA
Community Area
South Laurelglen
a. NO PROJECT PROPOSED
Seven Oaks
b. West side of Old River Road - wall and landscape between White Oak
Drive and the existing wall at Ming Avenue (See Exhibit A.1 )
i. Portion from excess bond funds $568,814.74
it. Developer's contributions $91,518.26
iii. Project: Total $660,333.00
iv, Excess; bond funds remaining $0.00
Silver
C.
Creek
Ashe Road Improvements - one lane southbound between Harris Road
and the San Joaquin Valley Railroad and one lane northbound between
Panama LanE; and Harris Road (see Exhibit A.2)
i. Portion from excess bond funds
it. Portion from City contributions
iii.. Project Total
iv. Excess bond funds remaining
$286,112.00
$253,461.00
$539,573.00
$212,967.06
Brimhall North East and North West
d. Brimhall Road Improvements - one lane westbound from Jewetta Road to
Windsong Street (see Exhibit A.3)
i. Portion from excess bond fiunds
it. Portion from City contributions
iii. Project: Tota~
iv. Excess bond funds remaining
$162,882.71
$79,763.29
$242,646.00
$0.00
S:\pROJECTS~ASMTDIST~94~3\Excess Earnings\Exhibit A.wpd
Page 2
Castle Cooke California, Inc. Seven Oaks
~esesSmant District 94-3
)ld RIver Road Block WallIs, etc. (Min~r Avenue to Ridge Oak)
Item No Item Descripl]o~
)ld River Road (Mlng Ave. to White
1, BIock Wall
2. Remove C,L.
4,
5. ~ee~ Light - M~t A~ a~0 Lumen
8. Irfig~on
Plan Check
Imp:ovementE~xlds;
Enelneer;n9
tt. Design Engineering:
12, LondscapeDesicJr~t~ee:
Qty Unit Unit $
Date:
Jol> No:
18;5 ~ 80,00 145,240
9140 d 3.75 34,275
10055 sf 2.00 ;0,110
100000 If 4.000
I e~ 10C0.000 t.000
SUBTOTAL CONSTRUCTION COaTSz
8,077
3.355
subtoted
~3,924
2.228
Substel
6,427
24.849
6.432
8,5~J
TOTAL, ESTIM.tI'ED COST OF PROJECT:
7114/00
5807.20
tdm
215,08t
32,412
246,4s3
9.432
16,t52
46,327
020,404
JVICI NTOSH & ASSOCIATES, civil Engineers L~nd Suntoyota, 2001 W~elan Court, hkers~eid, C~ii~rsia 93309
P~e I d2 o~t.xls: ~d ~ver Rd
EXHIBIT
Castle Cooke California, inc. Seven Oaks
e~sessment Di~triGt 94-3,
~ld River Road ~tlock WaiLs, etc, (Min9 Avenue to RIdge Oak):
Item NO. I~em
:)ld River Road ~h~e Oak to Ridge Oak)
L~d~apng
4, Sidewalk
5, ~eetLlght-M~tA~B~0Lum~
11/2" S~et Light Co~uit & Conductor
7.
190~
10480
4
1905
;IF/af Bakmfield Fee~e 8. Plan Check
lehigh En~llneering
t0. Design Englneeflr~g:
1 t. Land~pe Design Fee:
14. 8oils Tests & Final Report;
1 g. Cgnvtruciion :staking
Jc~b
Prepared By;
Unit Unit $ Item $
if 80,00 1
If 2,09 3.810
sf 3,75 38,71~
~ 2 ,QO 20.960
e~ 2100.00 8,400
If 4.~ 7,6~
ea 5~.00
:SUBTOTAL CONSYRUCTION
6.167
Subt~tal
14,827
2,322
$ubteteJ
6,843
26,362
6,88Z
9.124
Subrotor
'tOTAL E~TIMATED COlT OF PROJECT:
OTE$:
TOTAL OLD RIVER ROAD
t ) B~it~er pByabl¢ fee.s auch em ~hoo~ f~. ~w~r connection fe~ and habitit f~s ~e not include,
2) ~e I~a~ de~n f~ Is ~ssum~l ~ be 6,5% dffie l~d~ape ~,
7/t4/00
68~7.20
rdm
TOTALS
229.409
34,411
283.820
g.7L~9
17.148
49,23t
339,929
h4CINTOSH & ASSOCIATES, Civl] Engineers La~d Surveyors. 2001 Whenelan Court, Bakersfield, Californaa 93309
CONSTRUCTION ESTIMATE
ASHE ROAD IMPROVEMENTS
Date: 07/28100
By: C. Nieto
Ashe Road
Harris Rd. to S.J.V.R,R
Item Unit
No. Description Price Unit Quantity Amount
1 Channelizers $50.00 EA 12 $600.00
2 Adjust Survey Monument And Encasement $250.00 EA 2 $500.00
3 Cold Plane Asphalt Concrete Pavement $3.00 SY 150 $450.00
4 Remove Traffic Stripes and Pavemen Markings $2.00 SQFT 4210 $8,420,00
5 Roadway Excavation $8.00 CY 3950 $31,600.00
6 Shoulder Backing $70.00 STA 3 $210.00
7 Finishing Roadway $5,000.00 LS I $5,000.00
9 Type "B" Asphalt Concrete $35.00 TON 2690 $94,150.00
10 6"PVC conduit $6.00 LF $0.00
11 Roadside Signs $200.00 EA 14 $2,800.00
12 MinorConcrete-Type"B"Curb andGutter $11.00 LF $0.00
13 Minor Concrete *Sidewalk $2.00 SQFT $0.00
14 Minor Concrete - Median Curb (Type "M") $8.00 LF $0.00
15 Minor Concrete - Median Curb (Type "M-2") $6.00 LF $0.00
16 M nor Concre e - Textured Paving $0.00 SQFT $0.00
17 Install Survey Monument and Encasement $350.00 EA 1 $350.00
18 Traffic Stripes (Detail 9) $0.50 LF 3860 $1,930.00
19 TrafficStripes(Detail21) _._ $__1:00 L~_ 100 $100.00
20 Traffic Stripes (Detail 38) $1.00 LF 530 $530.00
21 Traffic Stripes (Detail 39) $1.00 LF 1630 $1,630.00
22 Traffic Stripes (Detail 39A) $3.00 SQFT 310 $939.00
23 Pavement Markings - White $1.00 LF 710 $719.00
24 Pavement Markers (Fire H~lrant-Blue) $6.00 EA 2 $12.00
25 Drainage Improvements $32,000.00 LS $0.00
26 Railroad Improvements at 25% of total = $8161 $8,161.00 LS $0.00
PRO& CONSTR. COST TOTAL
PROJECT SUBTOTAL
Contingency @10%
PROJECT TOTAL
i~'~ ,,-,,
'~"~(,/,1~\~,~ate°pt
--I
Additional Lane
Harris Rd. to S.J,V,R.R.
Total Quantities
Unit
Price Quantity Amount
$50,00 12 $600.00
$250.00 2 $500.00
$3.00 150 $450.00
$2.00 4210 $8,420,00
$8.00 6460 $51,680.00
$70.00 46 $3,220.00
$5,000.00 3 $15,000.00
$35.0C 4650 $162,750.00
$6.08 120 $720.00
$200.0C 14 $2,800.00
$11.00 290 $3,190.00
$2,0C 1630 $3,260.00
$8.0C 3640 $29,120.00
$6.00 1930 $11,580.00
$0.0C 6450 $0.00
$350.0C I $350.00
$0.5C 8530 $4,265,00
$1.0C 100 $100,00
$1.0C 530 $530,00
$1.00 1630 $1,630.00
$3.0C 310 $930.00
$/.00 710 $710.00
$6.00 2 $12.00
$32,000.00 I $32,000.00
$8,161.00 1 $8,161.00
Additional Lane
Panama Ln. to Harris Rd.
Quantity Amount Quantity Amount
$0.00 $0.0(
$0.00 $0.00
$0.00 $0.00
$0,00 $0.00
950 $7,600.00 1560 $12,480.00
19 $1,330.00 24 $1,680.00
1 $5,000.00 1 $5,000.00
750 $26,250.00 1210 $42,350.00
120 $720.00 $0.00
$0.00 $0.00
290 $3,190.00 $0.00
1630 $3,260.00 $0.00
3640 $29,120.00 $0.00
1930 $11,580.00 $0.00
6450 $0.00 $0.00
$0.00 $0.00
2030 $1,015.00 2640 $1,320.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
1 $32,000.00 $0.00
1 $8,161.00 $0.00
$209,472.00
$20,947.20
$16,757.76
$145,876.00
$14,587.60
$11,670.08
$90,580.00
$$97:o2 :o4o6
$445,928.00
$44,592.80
$35,674,24
$490,520.8G
$230,419.20}
$49,052.08
$539,572.88
Project Description
BRIMHALL WIDENING-Lane 2 Addition/Eastbound Direction
Estimate by: JA Flores Reviewed By: J. LaRochelle
Date: Friday July 21, 2000
Limits: Jewetta Dr. to Windsong Dr.
Criteria 14' wide paving section 1999 ADT- 8,900
Paving Section: 0.40' Type 'A' A.C 0.80' C[ li Agg Base 2.5' Compaction Limits
DESCRIPTION UNIT QTY
MOBILIZATION LS 1
EXCAVATION CY 5,490
SAWCUT LF 4,882
TYPE 'B' AC TONS 1,934
CL 2 AB TONS 3,240
DTL 9 LF 4,904
FINISHING ROADWAY LS 1
PRICE EX I I:NSION
$2,000.00 $2,000.00
$15.00 $82,350.00
$1.00 $4,882.00
$35.00 $67,690.00
$18.00 $58,320.00
$0.40 $1,961.60
$5,000.00 $5,000.00
~$222,204
HCONT $11,110
!CE(4%) $9,333
ENGINEER
'TEOSTT~,I~ATE $242,646