HomeMy WebLinkAboutRES NO 85-99 85 -99
RESOLUTION NO.
A RESOLUTION APPROVING AND ADOPTING THE PUBLIC
WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED
MAINTENANCE DISTRICT AND THE 1999-2000 BUDGET,
CONFIRMING THE STREET LANDSCAPING
ASSESSMENTS AND AUTHORIZING COLLECTION OF
ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR.
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 all 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 therefor; and
WHEREAS, the Public Works Director has filed his report as set forth in
Exhibit 1, attached hereto and incorporated by reference herein, including the 1999-2000
budget for the Consolidated Maintenance District with the City Clerk's Office, as required
by Section 13.04.130 of the Bakersfield Municipal Code; and
WHEREAS, the City Clerk has filed in her office affidavits setting forth the
compliance with the requirements of Section 13.04.140 through 13.04.160 of the
Bakersfield Municipal Code for publishing, posting and mailing notices of the hearing on
the Consolidated Maintenance District; and said City Council hereby finds that said notice
has been given in the manner required by law; and
WHEREAS, the above hearing was duly held by the City Council at the time
and place for hearing protests to the boundaries of the district, the fairness of the benefit
formula, the zones of benefit, the reservation of right of the City to utilize either City forces
or to contract with private industry for the operation and maintenance of the improvements,
or the amount of the assessment on any parcel of property to be assessed; and
WHEREAS, any written protests filed with the Clerk at or before the time set
for said protest hearing were considered by said Council.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
The foregoing recitals are found to be true and correct and are
incorporated herein.
The Council finds and determines that, for purposes of the majority
protest provisions of Section 13.04.200 of the Bakersfield Municipal
Code, there were not sufficient protests received and, therefore, there
is not a majority protest.
The Council hereby approves and adopts the Public Works Director's
Report, the 1999-2000 Budget, and confirms and levies the individual
assessments for street landscaping as set forth in said Public Works
Director's Report.
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.
The Public Works Director is hereby directed to file assessments with
the Kern County Tax Collector and the Kern County Tax Collector is
hereby authorized to collect such assessments. These assessments
are exempt from the procedural requirements of Proposition 218.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of ~.%e1~/of Bakersfield at a regular meeting thereof held on
JUN , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER NO kl F_.
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and :x O~cio Clerk of the
Council of the City of Bakersfield
APPROVED:
MAy~d~~e City of Bakersfield
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\ESTAB\CMD99Stwpd
-3-
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: turf, 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.
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:\PROJ ECTSWIAI N D IST\LEGALS\ExhibA99.wpd
15
88
27
I .RG ~ID
S TREE TSCA PE//MEDIA N
ZONE OF BENEFIT
~ PARK ZONE OF BENEFIT
! STREETSCAPE/MEDIAN ~ PARK
ZONE OF BENEFIT
I NO BENEFIT ZONE
...... CITY LIMITS
T. 29S.
BRIMHALL RD.
STOO(DALE HVA'
15 14 13
19 ~0
16
T. ;OS. R~e E.
MAP AND
CONSOLIDATED
BAKERSF
FISCAL
LI I 4
NOWI ROAC
10 11
27
15 14 13
36 31 3a 33 34 33 36
~ HOSKING ~i
I33 .
, McKEE RO
6 5
4 3 :~ I 6
TAFT HIGHWAY
5 4
FILED IN THE OFRCE OF THE CITY CLERK THIS
OF . 19__.
__ DaY
12 7 I ' F lO
RECORDED IN THE OFFICE OF THE DEPARTMENT
THIS __ DAY OF , 1
CITY CLERK OF THE CITY OF DIRECTOR OF PUB
BAKERSFIELD. CALIFORNIA CITY OF BAKERSFI
SSESSMENT D AGRAM
FOR
MAINTENANCE D STR CT
'IELD, C ALIFO RNIA
34
I 6
11 lP
24 III, $'
1RUXTUN AVE. _,,_
NCAUFORN A ~ / ~
35 ~ ~ _~33
1
ROAD
- ? i
I1 IE
;T OF PUBLIC WORKS
19___.
18
T. 29S. ~ 28 E.
COLUMBUS S~. SIREET
COLLEGE ~ A
~.E-'T
;,3 VIF GIN/ 36 I
"~
l_,J LAI~ E
3~1
~EAST PA 4AMA ROAC
L-- 3
T. 31S. P, 28E.
8 9 10
34 35 ~ 6
2 t
11
13
k
N.T.S.
8 ~ 9 10 11 12
(/)
17 14 13
21 EE E3 E4
/
-,-
:z: 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.
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 CONSOLIDATED MAINTENANCE
DISTRICT ON THE __ DAY OF 19: SAID MAP AND
ASSESSMENT DIAGRAM WERE RECORDED IN THE OFRCE OF THE DEPARTMENT
OF PUBLIC WORKS OF SAID CITY ON THE __ DAY
OF . 19 .
CITY CLERK OF THE CITY OF
BAKERSRELD, CALIFORNIA
;BLIC WORKS OF THE ] ,, ,, FILE: ,1422jOhN
FIELD, CAUFORNIA EXHIBIT B ~.E~ ~o. ~ o~ ~
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
EXHIBIT "C"
Page 1 'of 4
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.
EXHIBIT "C"
Page 2 of 4
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 acres OF moFe
3/acre
California Avenue
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
EXHIBIT "C"
Page '~ of 4 ,
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
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 4
EXHIBIT "D"
CONSOLIDATED MAINTENANCE DISTRICT
Said assessment is made in accordance with the benefit formula attached hereto.
Gross Budget Amount Required
(City Staff Services or Contract, Supplies.
Materials and Utilities)
1999-2000
BUDGET
STREET
$1,696,464.00
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:\PROJECTSWIAINDIST\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~V1AINDIST\EXHIBITE\EXHIBITE.99.wpd
i s'rz2~:,',~-~:t,,MAP AND ASSESSMENT DIAGRAM
~ ....""'~ -"~"-' FOR
~ '°"~°'"~"" CONSOLIDATED MAINTENANCE DISTRICT
--~ ......~ BAKERSFIELD, CALIFORNIA
FISCAL YEaR 1999 -