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Home My WebLink AboutRES NO 149-02RESOLUTION A RESOLUTION ADDING TERRITORY, AREA 5-07 (BERKSHIRE, MOONSTONE), TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 7). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1279, adopted August 21, 2002, declared its intention to add territory, Area 5-07 (Berkshire, Moonstone), to the Consolidated Maintenance District, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 5-07 (Berkshire, Moonstone), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-07 (Berkshire, Moonstone), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2002-2003 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owner within the additional territory, Area 5-07 (Berkshire, Moonstone), which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code or any other law) concerning the formation of and assessments for Inclusion in the Consolidated Maintenance District. The owner also has submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory, Area 5-07 (Berkshire, Moonstone), to the Consolidated Maintenance District and confirms and adopts the Public Works Director's Report (attached hereto as Exhibit 1 and incorporated herein by reference), including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 3. Exhibits "A" and "B" describe the additional territory, Area 5-07 (Berkshire, Moonstone). 4. All parcels within this additional territory shall be assessed an amount not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. However, parcels will not be assessed until a park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate tier levels will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The benefit formula (Exhibit "C"), budget (Exhibit "D") and assessment roll (Exhibit "E") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2003-2004 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the Annual Report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. .......... 000 .......... ORK'~INAt 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 SEP 4. ZOOZ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio~lerk of the Council of the City of Bakersfield APPROVED: SEP HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S:\PROJECTS\MAINDIST\Estab\MD5-07Est02.wpd OHI(~INAt City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-07 (BERKSHIRE, MOONSTONE) Fiscal Year 2002-2003 Addition of territory, Area 5-07 (Berkshire, Moonstone) to the Consolidated Maintenance District is generally described as an area bounded by Bershire Road on the north, a line 690 feet west of Union Avenue on the east, a line 1/~ mile south of McKee Road on the south, and a line 660 feet east of Monitor Street on the west, as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area 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 area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area 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 parks, public street median 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 parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, Area 5-07 (Berkshire, Moonstone) is being added to the Consolidated Maintenance District for the maintenance of a park and public street EXHIBIT "1" ORF-3.1NA[ median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. However, parcels will not be assessed until park and/or street landscaping have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The area will consist of residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, RAUL M. ROJAS, 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 2002-2003 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 additional territory, Area 5-07 (Berkshire, Moonstone), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: Director of Public Works City of Bakersfield EXHIBIT "1" 2 ORIGINAL LEGAL DESCRIPTION Area 5-07 A pamel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 30 S, R 28 E, M. D. B. & M., and more particularly described as follows: Commencing at the east 1/4 corner of said Section 30, said corner being the intersection of the centerlines of Union Avenue and Berkshire Road, Thence North 89° 30' 34" West, along the mid section line of said Section 30 and centerline of Berkshire Road, a distance of 688.49 feet, to the TRUE POINT OF BEGINNING; THENCE (1) South 00° 35' 20" West, a distance of 1321.85 feet; THENCE (2) North 89° 30' 32" West, a distance of 1290.42 feet; THENCE (3) North 00° 35' 31" East, a distance of 1321.85 feet, to intersect the centerline of Berkshire Road; THENCE (4) South 89° 30' 34" East, along the centerline of Berkshire Road, a distance of 1290.35 feet, to the TRUE POINT OF BEGINNING. S:\PROJ ECTS\MAIN DIST\LE GALS\Legal5-07.doc EXHIBIT"A" ORIGINA~ MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-07, BERKSHIRE, MOONSTONES_TO THE CONSOLIDATED MAINTENANCE DIS]RICT BAKERSFIELD, CALIFORNIA ~ BERKSHIRE ROAD ISTR CT BDUNDARY EXHIBITo,,:'~; ORiGiNAL CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel, and; The factor for the tier level, which equals the street tier number, and; The total number of street EDU's in the district. (1) = Sxaxt b NOTE: Undeveloped residential and commercial pamels with no existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial pamels with no existing adjacent median or street landscaping shall be assessed one-fourth the number of EDU's for that parcel (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of EDU's for the parcel, and; Multiplied by (t): Divided by (b): The factor for the tier level, which equals the park tier number, and; The total number of park EDU's in the district. (2) = P x a x t b EXHIBit' "C" ~ Page1 of 4 ORIGINAl EQUIVALENT DWELLING UNIT (EDU) CHART An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shall be calculated by use or potential use per zoning as follows: USE Agricultural Zone Single Family (Detached Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 5 acres or more. Undeveloped R-1 zoned, less than 5 acres. Multi-Family (Attached) Undeveloped R-2, R-3 EDU REMARKS 1.0 Per parcel 1.0 Per parcel 4/acre 1/acre 0.71/unit 0.71/unit Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use 6/acre 0.71/unit 1.00/unit Rounded down to the nearest whole number. Rounded down to the nearest whole number. Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Rounded to nearest .01 Each calculated per the above. EXHIE~t'T "C" ~ Page2 of 4~-- ':)RK3~NAL EDU EXCEPTIONS Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE EDU REMARKS Polo Grounds (1-04) Undeveloped R-1 zoned 5 acres or more. Parkside Village (2-01) 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) Single Family Dwelling Unit (Vineyard) 1.0 Multi-Family Dwelling Unit (Shores) 0.86/unit Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) 0.58/unit Non Residential (Castle & Cooke) 24.26 Non Residential (Parkside Partners) 7.56 Brimhall & Verdu.qo (1-09) Seven Oaks, North (2-11 ) & South (2-20) Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue (1-07) Stockdale, California NE (1-18) Stockdale, Villaqe Lane (1-20) Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave./ Stockdale Hwy, frontage EXHIBI~<"C" PageT~ °f 4 ~RIGINA~ USE Union Avenue(4-07) Non Residential Silvercreek (3-04) 370-022-04 Chester Avenue (4-11 & 4-16) Stockdale, Calloway (1-15) Coffee, Gosford (2-15) EDU 3 0.71/unit 6/acre REMARKS Per parcel Shall be charged at R-3 Area for each parcel is based 50% on lot area and 50% on building area. Park maintenance fee to be paid per Agreement 96-81 (1). 12 units/A( Stockdale, Buena Vista SW (2-22) Park maintenance fee to be paid per Ordinance No. 3957. S:\PROJ ECTS\MAIN DIST\E xhibitC\ExhC02.wpd Pag~ 4 of 4 ~¢ ')RIGINAt EXHIBIT "D" MAINTENANCE DISTRICT AREA 5-07 Said assessment is made in accordance with the benefit formula attached hereto. 2002-2003 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 EXHBSlT "D~ ORIGINAl EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-07 Assessor's Parcel No. as shown on Map Exhibit "B" 516-020-06-00-4 516-020-07-00-7 516-020-08-00-0 ASSESSMENT ROLL FISCAL YEAR 2002-2003 Total amount to be collected for FY 2002-2003 $0.00 $o.oo $o.oo Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXI~IBIT E~