HomeMy WebLinkAboutRES NO 213-88RESOLUTION NO. 2±3-~8
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING PUBLIC WORKS MANAGER'S REPORT;
APPOINTING TIME AND PLACE FOR HEARING PROTESTS
TO THE PROPOSED DISTRICT; THE BOUNDARIES THERE-
OF; 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. 105], MAINTENANCE DISTRICT NO. 20).
WHEREAS, the Council of the City of Bakersfield, State of
California, heretofore adopted on October 26, 1988, its Resolution
of Intention No. 1053, declaring its intention to establish Main-
tenance District No. 20 and to assess the cost of maintaining
certain local improvements upon the real property within said dis-
trict, 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. 1053 referred said proposed district described in
Exhibit "A" attached and assessment to the Public Works Manager,
City of Bakersfield, and directed said Public Works Manager to make
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 Manager has on this date filed
with the Clerk of said Council his Report, in writing, containing
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. 1053;
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. 20,
Exhibit "C", on file in the offices of the City
Clerk and Public Works Manager 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 Manager'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 Manager'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. WEDNESDAY, NOVEMBER 30, 1988, 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 Clerk at
1501 Truxtun Avenue, Bakersfield, California, at or before said
time set for hearing; and said Clerk shall endorse on each protest
the date and hour of its receipt, and at said time appointed 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:
- 2 -
CITY OF BAKERSFIELD
NOTICE OF HEARING ON PROPOSED
MAINTENANCE DISTRICT NO. 20 (EAST HILLS)
NOTICE IS HEREBY GIVEN that the Public Works Manager 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 land-
scaping, walls and signs to be borne by all parcels or property
within proposed Maintenance District No. 20; generally bounded by
0swell Street on the east, Bernard Street on the south, Mount
Vernon Avenue on the west and Freeway 178 on the north.
Said Public Works Manager'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 mainte-
nance 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 Public Works Manager's Office, 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 Manager's Report will be heard by the
Council at its meeting to be held on WEDNESDAY, NOVEMBER 30, 1988,
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
FY 1988-89
130-161-42-00.-4
130-161-43-00-7
130-161-44-00--0
130-161-45-00-3
130-161-46-00-6
130-161-47-00--9
130-161-48-00--2
130-161-49-00--5
130-161-50-00--7
130-161-51-00--0
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
DATED: 1U-26-88
Council of the City of Bakersfield
PUBLIC WORKS MANAGER'S REPORT
MAINTENANCE DISTRICT NO.
(EAST HILLS)
City of Bakersfield
Fiscal Year 1988-1989
20
WHEREAS, on Wednesday, October 26, 1988, the Council of
the City of Bakersfield adopted its Resolution of Intention No.
1053 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 Manager, directing him to make and file a Report; and
Clerk of
follows:
WHEREAS, the Public Works Manager filed with the City
the Council his report, in writing, which Report is as
Public Works Manager's Report
City of Bakersfield, Maintenance District No. 20, 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 Oswell Street
on the east, Freeway 178 on the north, Bernard Street on the south
and Mount Vernon Avenue on the west.
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 Public Works
Manager 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 improve-
ments, which are now contemplated or are in various planning
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 therefor
have been filed with and approved by the City Engineer. The
improvements generally include signs and sign posts, 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
~or said maintenance district and of special benefit to the terri-
tory within the district and of a public nature, including the
- 5 -
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 enlargements thereto which may
hereafter be made. There may be other improvements of the general
nature designated above to be maintained and operated by the
district.
In most of the City, street landscaping is maintained
through the Community Services Department's 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 landscaping to be
placed in the City--owned lands in the area included within this
proposed maintenanoe district. The funds generated as the result
of the establishment of the proposed district 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 estab].ishment of the proposed district has been
specifically requested by the developer of all property located
within the district, in order that funding for the maintenance
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 develop-
ment process. The proposed district is designated for 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 main-
tenance thereof. Sensory benefits from installing street land-
scaping, including heat regulation, some noise attenuation and/or
esthetic enhancement and increased market value will accrue to the
lots or parcels and owners and users thereof within proposed
Maintenance District No. 20. 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, Public Works Manager 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 1988-1989 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. 20, subject to be assessed to pay the cost of maintenance and
operation in said district.
Dated: 10-26-88
E. w. SCHULZ
PUBLIC WORKS MANaGeR
CITY OF BAKERSFIE~
- 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 October 26, 1988 , by
the following vote:
AYES: COUNCILMEMBERS: CHILDS, DeMIiNC, SMITH. RATI~ PEri,sON, McOERMOTF SALVA(~(~10
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: None
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED October Z6, 1988
MAYOR of the City of 'Bakersfield
APPROVED as to form:
Y ~%fq~ORt~ 5~-~he C/~.~of
AJS/DH/meg
Attachments
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
M MD20 4
R.PWRPT.1
10/25/88
Bakersfield
- 8 -
EXHIBIT "A"
BOUNDARIES OF DISTRICT
MAINTENANCE DISTRICT NO. 20 (EAST HILLS)
A parcel of land situated in the City of Bakersfield, County of Kern, State of
California, being a portic, n of the North half of Section 22, Township 29 South,
Range 28 East, more particularly described as follows:
Beginning at the Southeast corner of Parcel 5 of Parcel Map No. 8267
recorded April 27, 1988 in Parcel Map Book No. 35, at Page 183 in the
Office of the Kern Cc, unty Recorder.
THENCE (1) South 89018'28" West, 604.69 feet;
THENCE (2) North 00°27'27" West, a distance of 165.82 feet;
THENCE (3) South 89°18'10" West, a distance of 659.60 feet;
THENCE (4) South 00°25'32" East, a distance of 670.06 feet;
THENCE (5) South 89°19'22" West, a distance of 645.13 feet to a point
on a tangent curve concave to the Southeast having a radius of
1292.82:
THENCE (6) Southwesterly along the last named curve through a central
angle of 33°00'22", an arc distance of 744.75 feet;
THENCE (7) South 56°19'00" West, a distance of 445.48 feet to a point
on a tangent curve concave to the Northwest having a radius of 1306.80
feet;
THENCE (8) Southwesterly along the last named curve through a central
angle of 33°01'34", an arc length of 753.26 feet;
THENCE (9) South 89°20'34" West, a distance of 209.40 East;
THENCE (10) North 00°18'31" West, a distance of 1829.04 feet to a
point on the Southerly right of way line of State Ronte 178;
THENCE (11) Easterly along the last named right of way line the
following 16 courses, North 59°15'34" East, a distance of 73.44 feet;
THENCE (12) North 74°00'43" East, a distance of 292.60 feet;
THENCE (13) North 77°28'02" East, a distance of 293.21 feet;
THENCE (14) North 86°56'15" East, a distance of 488.19 feet;
THENCE (15) North 79°42'11" East, a distance of 205.04 feet;
102688
4 LD.MD20.1 Page 1 of 2 TD:mro
THENCE (16) North 89~53'51" East
THENCE (17) South 61c03'34" East
THENCE (18) South 61°01'52" East
THENCE (19) South 61°03'53" East
THENCE (20) North 89°17'34" East
THENCE (21) North 24°39'42" East
a distance of 442.30 feet;
a distance of 118.82 feet;
a distance of 127.49 feet;
a distance of 542.42 feet;
a distance of 591.45 feet;
a distance of 365.42 feet to a point
on a nontangent curve concave to the Southwest, having a radius of
790.00 feet, whose rsdiaI bears South 12°05'07" West from said point;
THENCE (22) Southeasterly along the last named curve through a central
angle of 16°15'06", sn arc distance of 232.35 feet;
THENCE (23) South 52°52'16" East, a distance of 247.03 feet to a point
on a tangent curve concave to the Northeast having a radius of 270.00
feet;
THENCE (24) Southeasterly along the last named curve through a central
angle of 36°48'56", an arc distance of 173.49 feet;
THENCE (25) North 89°31'08" East, a distance of 101.46 feet;
THENCE (26) South 36°04'43" East, a distance of 49.03 feet to a point
on the West right of way line of Oswell Street;
THENCE (27) North 00o29'22" West, a distance of 115.00 feet;
THENCE (28) North 89o30'38" East, a distance of 70.00 feet;
THENCE (29) South 00o29'22" East, a distance of 612.64 feet;
THENCE (30) South 89°30'38" West, a distance of 70.00 feet to the POINT
OF BEGINNING.
EXCLUDING THEREFROM the following described parcel:
Commencing at the Southeast corner of Parcel 5 of said
Parcel Map No. 8267; thence North 00°29'22" West, 322.63
feet to the POINT OF BEGINNING
THENCE (1) South 89°17'34TM West
THENCE (2) North 00°29'22" West
THENCE (3) North 89°17'34" East
THENCE (4) South 00°29'22" East
to the POINT OF BEGINNING.
a distance of 150 feet;
a distance of 175.00 feet;
a distance of 150.00 feet;
a distance of 175.00 feet
102688
4 LD.MD20.2 Page 2 of 2 TD:mro
EXHIBIT "B"
CITY OF BAKERSFIELD
MAINTENANCE DISTRICT NO.
(EAST HILLS)
20
BENEFIT FORMULA
The various lots and parcels within the district shall be assessed
at the following rates.
For each assessable lot or parcel:
Assessment shall equal the dollar amount allocated to
maintenance and operation for that year of any and all
improvements in the district (M),
multiplied by::
the number of assessable
the lot or parcel; (AL)'
and divided by:
the number of assessable
acres, or portion thereof, in
acres in the district (AT)
Assessment = M x AL
AT
DH/meg
M MD20 4
EXHIBITB
10/14/88
M~ AND ASSESSMENT DIAG ,M
FOR
MAINTENANCE DISTRICT NO.~O
FOR FISCAL YEAR ~98~-198~
EXHIBIT "D"
MAINTENANCE DISTRICT NO. 20
FISCAL YEAR 1988-1989
BUDGET
Source of Funds
Beginning Fund Balance
Gross Amosant 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
ASSESSMENT ROLL
FISCAL YEAR 1988-1989
Assessment Parcel No.
as Shown on Map
Exhibit "C":
130-161-42-00-4
130-161-43-00-7
130-161-44-00-0
130-161-45-00-3
130-161-46-00-6
130-161-47-00-9
130-161-48-00-2
130-161-49-00-5
130-161-50-00-7
130-161-51-00-0
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total
Assessment
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
M EXHIBITD