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HomeMy WebLinkAboutROI NO 1189RESOLUTION OF INTENTION NO. 1189 RESOLUTION OF INTENTION NO. 1189 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 STREET 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 City Clerk's Office. (b) the improvements to be maintained by this district specifically are various items included in Street and Median 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: 1. 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 1304.150 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 wdtten protest shall be filed with the City Clerk at 1501 Tru×tun 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 1_ g 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER One,, COUNCILMEMBER Council of the City of Bakersfield APPROVED MAY I g 1999 BOB PRICE , . MAYOR of the City of B"~kersfield 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 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: turf, 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:\PROJECTSWIAINDIST\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:\PROJECTSW1AINDIST\LEGALS\ExhibA99.wpd 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) 0.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. Page 2 of 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 acres OF more. 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 acres OF more 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 "C" Page 4 of ,~"': EXHIBIT "D" CONSOLIDATED MAINTENANCE DISTRICT Said assessment is made in accordance with the benefit formula attached hereto. 1999-2000 BUDGET STREET $1,696,464.00 Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Bal. (Deficit) $153,539.00 PARK $810,567.00 ($6,947.00) Less: City Contributions NET AMOUNT TO CHARGED $203,113.00 $1,339,812.00 $548,573.00 $268,941.00 Total Street and Park $1,608,753.00 S:\PROJECTSW1AINDIST\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\EXHIBITE.99.wpd AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. 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. 1189 passed by the Bakersfield City Council at a meeting held on the 12th day of May 1999, and entitled: RESOLUTION OF INTENTION NO. 1189 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 STREET AND MEDIAN LANDSCAPING ASSESSMENTS TO BE LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE DISTRICT. /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield B Deputy City Cl~erk ~ S:\DOCUMENT\FORMS~AOPOSTINGROI.WPD May 18, 1999