HomeMy WebLinkAboutROI NO 1190RESOLUTION OF INTENTION NO. 1190
RESOLUTION OF INTENTION NO. 1190 PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS
DIRECTOR'S REPORT FOR THE CONSOLIDATED
MAINTENANCE DISTRICT AND THE 1999-2000 BUDGET;
SETTING TIME AND PLACE FOR HEARING PROTESTS ON THE
AMOUNT OF PARK LANDSCAPING ASSESSMENTS TO BE
LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE
DISTRICT. (ALL WARDS)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and operating any
public improvements which are local in nature, from annual benefit assessments apportioned
among the several lots or parcels of property within the maintenance district established
therefore; and
WHEREAS, the Public Works Director has on this date filed with the Clerk of said
Council his Report, attached hereto and incorporated herein by reference as Exhibit "1",
containing the following:
(a)
a description of the property in the Consolidated Maintenance District, as
set forth in Exhibit "A", on file in the office of the City Clerk;
(b)
the improvements to be maintained by this district specifically are various
items included in Park Landscape Plans within the boundaries as shown
on Map and Assessment Diagram for Consolidated Maintenance District,
attached hereto as Exhibit "B";
(c) the benefit formula attached hereto as Exhibit "C";
(d)
a budget, containing the matters specified in Section 13.04.130 of the
Bakersfield Municipal Code, attached hereto as Exhibit "D"; and
(e)
the amount of assessment to be levied against each parcel as set forth in
Exhibit "E", on file in the office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
!. The foregoing recitals are true and correct and are incorporated herein.
2. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements within the Consolidated Maintenance
District 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.
3. The City Council hereby preliminarily adopts and approves the Public
Works Director's Report and declares that the territory within the boundaries so specified and
described is the Consolidated Maintenance District which benefits from said local improvements;
that the expense of maintaining and operating said improvements is hereby made assessable
upon said district; and that the exterior boundaries of said Consolidated Maintenance District
are hereby specified and described to be as shown on that certain map now on file in the Office
of the City Clerk of the City of Bakersfield and in the Office of the Public Works Director, marked
Exhibit "B," attached hereto and incorporated in this resolution as though fully set forth herein,
entitled "Map and Assessment Diagram for the Consolidate Maintenance District, Bakersfield,
California, for Fiscal Year 1999-2000," which map indicates by a boundary line the extent of the
territory included in said proposed district and shall govern for all details as to the extent of the
maintenance district.
4. The City Council hereby sets WEDNESDAY, June 16, 1999, 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, as the time and place for hearing protests on the
following matters:
FAIRNESS OF THE BENEFIT FORMULA;
ZONE OF BENEFIT;
THE AMOUNT OF THE STREET LANDSCAPING 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 OR BY PRIVATE CONTRACTOR.
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 the protest hearing; and said City 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.
5. The City Clerk is hereby further directed to cause notice of said protest
hearing to be published, 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:
THIS IS NOT A BILL - ASSESSMENT IS THROUGH YOUR PROPERTY TAXES
CITY OF BAKERSFIELD
NOTICE OF HEARING ON THE CONSOLIDATED MAINTENANCE DISTRICT
APN
NAME
ADDRESS
CITY, STATE
(Bar Code)
Your proposed assessment for 1999-2000 is $ __
Your last year°s assessment was $__
NOTICE IS HEREBY GIVEN that the Public Works Director of the City of Bakersfield has prepared and filed with
the City Clerk a Report which provides the basis for the benefit assessment for maintaining street and/or park
landscaping and related public improvements to be borne by all parcels of property within the Consolidated
Maintenance District which includes your property. Said Report sets forth the amounts in the budget for
maintenance and operation of the above public improvements, a description of each parcel of property in the
Consolidated Maintenance Distdct and the amount of assessment levied for fiscal year 1999-2000 against each
parcel. Said Report is open to public inspection.
The estimated revenue to be raised for this fiscal year for the Consolidated Maintenance District is:
$
On Wednesday, June 16, 1999, at 7:00 P.M., or as soon thereafter as the matter may be heard, in the Council
Chambers at 1501 Truxtun Avenue, Bakersfield, California, the City Council will consider the above-referenced
Report and hold a protest hearing. At this hearing, protests will be heard regarding the fairness of the benefit
formula, the zones of benefit, or the amount of the assessment on any parcel of property to be assessed. Any
interested property owner objecting to any of these items may file a written protest, signed by him/her, describing
the parcel of property so that it may be identified and stating the grounds of his/her protest. Any written protest
shall be filed with the City Clerk at 1501 Truxtun Avenue, Bakersfield, California, 93301 at or before the protest
hearing. Individual property owners may also appear and be heard at the hearing.
Any person challenging in court the decision made at the conclusion of the protest hearing may be limited to
raising only those issues raised at such hearing or in written protest filed with the City Clerk prior to the close of
such hearing.
If you need additional information, please contact Mr. Allen Abe of the City Recreation and Parks Division at (661)
326-3117.
Dated: 5/17/99
PameLa A. McCarthy
CITY CLERK, City of Bakersfield
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 onMAY 12 1999
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCARSON,
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
CITY CLERK and Ex'Officio~lerk of the
Council of the City of Bakersfield
APPROVED MAY 1[ 2 t999
/ /~ ~"!' '1 '
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S:\PROJECTSWIAINDIST\ROI\CMD99ROIst.wpd
- 4 -
PUBLIC WORKS DIRECTOR'S REPORT
FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 1999-2000
City of Bakersfield Consolidated Maintenance District and its various areas are generally
described in Exhibit "A" and are specifically as shown on the Map and Assessment Diagram under
Exhibit "B", attached hereto and incorporated herein by reference as though fully set forth, for the
various areas of benefit within the Consolidated Maintenance District, a district within the City of
Bakersfield, County of Kern, State of California.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City
of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and
upon all parcels of property within the areas of the district for the cost of maintaining and operating
public parks, public street medians and other public street landscaping improvements. The
improvements for the Consolidated Maintenance District Street Landscaping Zone of Benefit generally
include, but are not limited to: Public Street Landscaping Improvements consisting of: tuff, plant
forms, shrubs, ground cover, trees, lighting, irrigation systems, conduits, water mains; and Public Street
Median Improvements consisting of: tuff, plant forms, shrubs, ground cover, trees, irrigation systems,
conduits and water mains. The improvements for the Consolidated Maintenance District Park Zone of
Benefit generally include, but are not limited to: tuff, plant forms, shrubs, ground cover, trees, irrigation
systems, conduits, water mains, playground equipment, picnic tables, drinking fountains, barbecue pits,
security lighting and restrooms.
The improvements in this Consolidated Maintenance District are of a public nature. The
assessment includes the cost of necessary repairs, replacement, water, equipment, electricity, care,
supervision and any and all other items necessary for the proper maintenance and operation thereof.
For many years, parks, street medians and other street landscaping improvements in the
City were maintained through traditional tax revenues. After the passage of Proposition 13 in 1978,
funds available for maintenance and operation of local public improvements were substantially reduced.
At present the City's budget does not allow for maintenance and operation of local public improvements
of the types described above. Thus, absent funds for maintenance and operating costs from a source
other than general tax revenues, the City does not permit new parks, public street median or other public
street landscaping improvements to be constructed within the City. The funds generated as the result
of this district are utilized strictly for the purpose of and applied to the maintenance and upkeep of public
parks, public street median and other public street landscaping within the district. The Consolidated
Maintenance District has been specifically designated to address park maintenance and operation, and
maintenance of public street median and other public street landscaping improvements and all parcels
within the district are affected.
EXHIBIT "1"
The areas within the boundary of the Consolidated Maintenance District receive benefits
from the improvements and maintenance thereof. These benefits include street beautification, open
space enjoyment, recreation and noise reduction due to the installation of street landscaping, walls, and
parks.
The benefits from the installation of street landscaping accrue to all the lot or parcel owners
within the Consolidated Maintenance District Street Landscaping Zone of Benefit. The benefits of the
street landscaping inure to all lots or parcels uniformly, and are based on a per dwelling unit or
Equivalent Dwelling Unit basis.
Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of
Benefit. These benefits are, therefor, uniformly assessed on a dwelling unit or Equivalent Dwelling Unit
basis. No assessment for park benefits is made on the non-residential lots.
The benefit formula for the Consolidated Maintenance District is set forth in Exhibit "C"
attached hereto and incorporated herein as though fully set forth.
The City has identified those amenities outside the Consolidated Maintenance District
whose maintenance is currently paid for out of the General Fund and to provide a credit up to that same
level to those within the Consolidated Maintenance District. The assessments contained within this
report for the Consolidated Maintenance District have been amended to reflect a 66% subsidy in
maintenance costs for parks and a 7.3% subsidy in costs for street and median landscaping. This year,
due to the passage of Proposition 218, assessment rates and methodology will not change and therefore
the rates for 1999-2000 will remain at the 1998-99 level.
NOW, THEREFORE, I, RAUL M. ROJAS, Public Works Director 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 1999-2000 Budget attached hereto as Exhibit "D" and Assessment Roll as set forth in
Exhibit "E", on file in the office of the City Clerk and incorporated herein as though fully set forth, upon
all parcels of property within the various areas of benefit of the Consolidated Maintenance District,
subject to be assessed to pay the cost of maintenance and operation in said district.
Dated:
RAUL M. ROJAS
PUBLIC WORKS DIRECTOR
CITY OF BAKERSFIELD
S:\PROJECTSW~AINDIST\ROI\CMD99ROIst.wpd
EXHIBIT "A"
LEGAL DESCRIPTION
CONSOLIDATED MAINTENANCE DISTRICT
FISCAL YEAR 1999-2000
The legal description is on file in the City Clerk's Office.
S:\PROJECTSWIAINDIST\LEGALS\ExhibA99.wpd
15
LEGEND
STREETSCAPE/MEDIAN
ZONE OF BENEFIT
PARK ZONE' OF BENEFIT
STREETSCAPE/MEDIAN &: PARK
ZONE OF BENEFIT
NO BENEFIT ZONE
CITY L;MI TS
I\
I 6
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MAP AND AS<,!i
CONSOL DATED M
FISCAL YE
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TAFT HIGHWAY
6 5 4
8 9 10 11
FILED IN THE OFFICE OF THE CITY CLERK THIS __
OF .19__.
DAY
1~ 7 I ' I I0
RECORDED IN THE OFRCE OF THE DEPARTMENT OF
THIS __ DAY OF . 19__
CITY CLERK OF THE CITY OF DIRECTOR OF pUBUC:
BAKERSRELD, CAUFORNIA CITY OF BAKERSRELD
SESSMENT
FOR
/ AINTENANCE
D AGRAM
D STRICT
CALIFOt NIA
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I
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, ~ FILED FOR RECORD THIS __ DAY OF
~- 19 , AT .M., IN BOOK AT PAGES
o. THROUGH OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES
"~ DISTRICTS AT PAGE __ IN THE OFFICE OF THE COUNTY RECORDER
~ OF THE COUNTY OF KERN, STATE OF CALIFORNIA.
23 I!4
JAMES W, MAPLES
COUNTY ASSESSOR-RECORDER
BY
DEPUTY RECORDER
II
13
WORKS OF THE
), ,CALIFORNIA
THE CITY COUNCIL BY RESOLUTION COMBINED THE INDIVIDUAL MAINTENANCE
DISTRICTS INTO THE CONSOLIDATED MAINTENANCE DISTRICT, ON THE __
DAY OF 19....__, AND AMENDED THE CONSOUDATED MAINTENANCE
DISTRICT ON THE __ DAY OF 19 ; SAID MAP AND
ASSESSMENT DIAGRAM WtERE RECORDED IN THE OFRCE OF THE DEPARTMENT
OF PUBLIC WORKS OF SAID CITY ON THE DAY
OF . 19__.
EXHIBIT
CITY CLERK OF THE CITY OF
BAKERSFIELD, CAUFORNIA: .
.e, ,., RLF'-, 1422jOHN
E~ SHEE'[: NO. 1 OF 1 '..
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) 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 parcels with no existing adjacent median
or street landscaping shall be assessed one-half the number of EDU's for that parcel.
Undeveloped industrial parcels with no existing adjacent median or street landscaping
shall be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area
(3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for
street landscaping,
(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
EQUIVALENT DWELLING UNIT (EDU) CHART
Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning
as follows:
USE EDU REMARKS
Agricultural Zone
1.0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0 Per parcel
Undeveloped R-1 zoned
5 acres or more.
4/acre
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Rounded down to the
nearest whole number.
Multi-Family (Attached)
0.71/unit
Undeveloped R-2, R-3
0.71/unit
Number of units shall equal
the acreage multiplied by 12
rounded down to the nearest
whole number.
Non Residential
6/acre
Rounded to nearest .01
Mobile Homes in parks
(Rent Space)
Q71/unit
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per the
above.
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
Undeveloped R-1 zoned
5 aCFeS OF moFe.
Parkside Village
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 & Verdugo,
Seven Oaks, North & South
Undeveloped R-1 zoned
5 acFes OF moFe
3/acre
California Avenue
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
3
0.71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
S:\PROJECTSW1AINDIST\FORMULAS\ExhC99.wpd
EXHIBIT "D"
CONSOLIDATED MAINTENANCE DISTRICT
Said assessment is made in accordance with the benefit formula attached hereto.
1999-2000
BUDGET
STREET
PARK
Gross Budget Amount Required
(City Staff Services or Contract, Supplies,
Materials and Utilities)
$1,696,464.00
$810,567.00
Estimated Beginning Fund Bal. (Deficit)
$153,539.00
($6,947.00)
Less: City Contributions
$203,113.00
$548,573.00
NET AMOUNT TO CHARGED
$1,339,812.00
$268,941.00
Total Street and Park
$1,608,753.00
S:\PROJ ECTS\MAI N DI ST\EXHIBITD',CMD99S& P .wpd
EXHIBIT"D"
EXHIBIT "E"
ASSESSMENT ROLL
CONSOLIDATED MAINTENANCE DISTRICT
FISCAL YEAR 1999-2000
The assessment roll is on file in the City Clerk's Office~
S:\PROJECTS\MAINDIST\EXHIBITE\EXHIBITE99.wpd
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
PAMELA A. MCCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on the 18th day of May ,1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1190 passed by
the Bakersfield City Council at a meeting held on the 12th day of May 1999, and
entitled:
RESOLUTION OF INTENTION NO. 1190 PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING PUBLIC
WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED
MAINTENANCE DISTRICT AND THE 1999-2000 BUDGET;
SETTING TIME AND PLACE FOR HEARING PROTESTS ON
THE AMOUNT OF PARK LANDSCAPING ASSESSMENTS
TO BE LEVIED THROUGHOUT THE CONSOLIDATED
MAINTENANCE DISTRICT.
Isl PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
Deputy City Clerk/
S:\DOCUMENT',FORMS~a, OPOSTINGROI.WPD
May 18, 1999
SE SSM EN T D A GR AM
FOR
AAINTENANCE D STRICT
C ALIFO RNIA
2000
34
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9
WORKS OF THE
· CALIFORNIA
THROUGH __ OF MAPS OF ASSESSMENT AND COMMUNITY FACIUTIES
DISTRICTS AT PAGE __ IN THE OFFICE OF THE COUNTY RECORDER
OF THE COUNTY OF KERN, STATE OF CALIFORNIA.
JAMES W, MAPLES
COUNTY ASSESSOR-RECORDER
BY
DEPUTY RECORDER
THE CITY COUNCIL BY RESOLUTION COMBINED THE INDIVIDUAL MAINTENANCE
DISTRICTS INTO THE CONSOLIDATED MAINTENANCE DISTRICT, ON THE
DAY OF 19 , AND AMENDED THE CONSOUDATED MAINTENANCE
DISTRICT ON THE __ DAY OF 19: SAID MAP AND
ASSESSMENT DIAGRAM WERE RECORDED IN THE OFFICE OF THE DEPARTMENT
OF PUBLIC WORKS OF SAID CITY ON THE DAY
OF · ~L.
EXHIBIT
CITY CLERK OF THE CITY OF
BAKERSFIELD, CAUFORNIA: ..
F1LS. 1422jOHN
.,,m.B .m..m. SHEE]T NO. 1 CF 1
15
;LEGEND
STREETSCAPE/MEDIAN
ZONE OF BENEFIT
PARK ZONE OF BENEFIT
STREETSCAPE/MEDIAfq ~ PARK
ZONE OF BENEFIT
NO BENEFIT ZONE
CITY LIMITS
a. .. 1 6 .5 4
I T. 29S. R
11 7 e 't'
34 35 36
__ 3O
MAP AND AS -
CONSOL DATED M
ZBAXF, S?I'F,
FISCAL YE
BPIMHALL RDi
HAGEMAN RD
STOCXDALE HW't' [ :
6 5 4 :.,__3.._. :
10 II 12 7 :0
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15 14
13
4
36 31 3~ 33 34 35 36 3~ 3~
' "1
HOSKING
33 .
McKEE RO
6 5 4 3 ~ I 6
TAFT HIGHWAY
5 4 ------3-----
8 9 10 11
FILED IN THE OFRCE OF THE CiTY CLERK THIS __
OF . 19__.
DAY
la 7 t ' I IO
RECORDED IN THE OFFICE OF THE DEPARTMENT OF
THIS __ DAY OF , lg__
CITY CLERK OF THE CiTY OF DIRECTOR OF PUBIIC
BAKERSRELD, CAUFORNIA CITY OF BAKERSFIELD