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Home My WebLink AboutROI NO 1304RESOLUTION OF INTENTION NO. 1304 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-09 (OSWELL, HWY 58 SE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. 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 property owner has requested the City Council to include the property within the Consolidated Maintenance District in accordance with the procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends addition of territory to the Consolidated Maintenance District; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5-09 (Oswell, Hwy 58 SE), to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including a public park and public street landscaping; 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 boundary of the additional territory, attached hereto as Exhibit "A"; and (b) a map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; and (c) the benefit formula set forth as Exhibit "C"; and (d) a budget, Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; and m r n t7HiGINat _ (e) the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"; and WHEREAS, the City of Bakersfield has received a letter from the owner of the property described in Tract 6140, 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; and WHEREAS, said property owner has returned his assessment ballot indicating his support of the proposed assessments and inclusion in the Consolidated Maintenance District. 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 preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, (Area 5-09, Oswell, Hwy 58 SE), benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B", entitled "Map and Assessment Diagram for Addition of Territory, Area 5-09 (Oswell, Hwy 58 SE) to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed $125.00 per equivalent dwelling unit per year. -000- 2 >., m ~' r O~ ~pK~9 ' S~ v :z ORKi1~11A1 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 JUN 25 2003 , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER +v'~*`-~- ABSTAIN: COUNCILMEMBER N ABSENT: COUNCILMEMBER APPROVED: ~ ~~~~ CITY CLERK and Ex Officio rk of the Council of the City of Bakersfield ^;,y 2 5 2003 APPROVED AS TO FORM: BART J. THIITGEN City Attorney S:\PROJECTS\MAI N DI ST\ROI\M D5-09ri03.doc Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" ~ ~axE,~ o ~~, 3 a ~ r ~a rj~iK;11VA1 MAYOR of the City of Bakersfield City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-09 (OSWELL, HWY 58 SE) Fiscal Year 2003-2004 Addition of territory, Area 5-09 (Oswell, Hwy 58 SE) to the Consolidated Maintenance District is generally described as an area bounded by Highway 58 on the north, Sterling Road on the east, Zephyr Lane on the south, and Oswell 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 5-09 (Oswell, Hwy 58 SE) is being added to the Consolidated Maintenance District for the maintenance of a park and public street EXHIBIT "1" 1 ~ $AK"E,y, ~ ,F,- ~ R, ~HUiWAi 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 2003-2004 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 5-09 (Oswell, Hwy 58 SE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: ~ ~~% RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 'D~`~~` 1k ~~'"~ A ~u OHIGI~IAk LEGAL DESCRIPTION Area 5-09 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 2, T 30 S, R 28 E, M. D. B. & M., and more particularly described as follows: Beginning at the west quarter corner of said Section 2, also being the intersection of the centerlines of Oswell Street and Zephyr Lane; THENCE (1) North 00° 36' 52" East, along the west line of said Section 12, and centerline of Oswell Street, a distance of 1084.61 feet; THENCE (2) South 89° 23' 08" East, a distance of 55.00 feet, to a point on the east right of way line of Oswell Street; THENCE (3) North 00° 36' 52" East, a distance of 349.39 feet; THENCE (4) North 25° 43' 12" East, a distance of 103.96 feet; THENCE (5) North 62° 34' 55" East, a distance of 67.57 feet; THENCE (6) North 70° 15' 16" East, a distance of 291.74 feet, to the beginning of a tangent curve, concave southerly, having a radius of 1942.00 feet; THENCE (7) Easterly along said curve, through a central angle of 15° 38' 03", an arc distance of 529.91 feet, to the point of compound curve with a curve, concave southerly, having a radius of 2942.00 feet; THENCE (8) Easterly along said curve, through a central angle of 03° 11' 29", an arc distance of 163.87 feet; THENCE (9) North 89° 04' 35" East, a distance of 585.79 feet; THENCE (10) South 88° 44' 17" East, a distance of 416.07 feet; THENCE (11) South 00° 20' 11" East, a distance of 436.15 feet; THENCE (12) North 89° 39' 49" East, a distance of 510.00 feet; THENCE (13) South 00° 20' 11" East, a distance of 87.91 feet; THENCE (14) South 89° 28' 16" East, a distance of 20.00 feet, to a point on the centerline of Sterling Road; ~ ~AKE3,• 5` EXHIBIT "A" ~ ? 4~~IG~'1A; THENCE (15) South 00° 31' 44" West, along said centerline, a distance of 1259.55 feet, to intersect the centerline of Zephyr Lane, also being the midpoint of said Section 2; THENCE (16) North 89° 52' 13" West, along said centerline of Zephyr Lane, a distance of 2654.31 feet, to the west quarter corner of said Section 2 and the TRUE POINT OF BEGINNING. S:\PROJECTS\MAINDIST\LEGALS\Lega15-09.DOC ~ ~,AKE9 , EXHIBIT "A" ~ '~-~ >. ,, MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-09, OSWELL, HWY 58 SE) TO THE I CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA a NOT TO SCALE STATE ROUTE VI-KER-58 6 oESICdATEo REMAINDER FAMLY PARK 49 0 51 2 3 4 7 6 9~ 10 11 12 13 4 15 1 7 910 11 12 3 4 5 16 7 6 5 4 43 6 5 4 3 2 21 2 19 18 243 2 21 0 9 6 17 eASN 2~ T305.NR.29E. 37 3 4 1 4 2 8 9 31 3 4~ 3 2 26 2 2 2 0 31 2 33 36 3 ~ 3 3 ~ 3 31 7 6 3 2 41 9 8 7 3 7 6 5 4 gSTRICT BOUWARY FLED N TE OR%E K TIE an gDtl( TNi _ DAY 6 1D~ On QF10( OF TIE OTY ff SNERSiw1D, CNiTINA Ax A~sslwNr wAS uKa eY TIE an aANn a THE wTs RECES ANO PAllm.4 R LNq SXDYN W TES ASwDEiENT OIAOAAY. SIA A89E8911F11T WAS LLYED dl TE _ DAY Q EDP S/O ASSF89EllT aIOMY AIO TE ASSE991EHT EQL FEIE RECa10FD M ME DfiLS a' TE DEPARl1ENT DF FUNID waw:5 a' SAD tln p! TE _ DAY 6 30~ wfiFSDICE N YAOE TO THE AS~1T RDIE N TIE 6F11'E 6 TE DETARTENT K PUBJD Nptl6 i9i TIE lXALK AYDINT K EAa1 ASSE59ENT LLYFD ACANST FAM PAMFE 6 LAIa SNDNI d TES A9959ENT aAaIIM. CENTER SEC. 2. g R.28E. FNID NR REOORD iN5 _ DAY OP ED_, AT ~Y.. N BDa(_ Q A~ENf asnews AT PAGE _ N TE DET1¢ 6 TE DOUNn REComE7t 6 TE g11Ntt 6 HERI, STALE 6 DNfatlAA BY OIEF GEPIIn IEDDRDFIt RECDIwIEO N 1HE DR11L Oi 1ME pyM1YDIT K PIIBIIC Mw1a5 11115 _ DAY Di AJ oEEDTaw a PUSIK wags wAIQT5E1g0, CAIFpNIA dP~~F an aETE a TE an a 'y eA~svn, c1uDIwA C~~ `" ~, E~IIBfT '~ M IM.-0hewQA1 M1 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): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the street tier number, and; Divided by (b): 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 (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): The factor for the tier level, which equals the park tier number, and; Divided by (b): The total number of park EDU's in the district. (2) = Pxaxt b Note: Since Proposition 218 was passed in November 1996, assessment rates have been frozen at the 1996-1997 level. EXHIBI~'~~Eti~. Page. of 4 ~; v nFilGhvui 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 EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached) 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4/acre Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1/acre Rounded down to the less than 5 acres. 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 0.71/unit (Rent Space) Mobile Homes in 1.00/unit subdivisions (Owner) Mixed Use Each calculated per the above. EXHIB~ ~^r~~ Page.2 of 4 ,Y :~ - ONIOI~+~a. _. 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 3.28/acre Rounded down to the 5 acres or more. nearest whole number. (Per condition of Annexation) Parkside Village (2-01 Single Family 1.0 Dwelling Unit (Vineyard) Multi-Family 0.86/unit Dwelling Unit (Shores) Multi-Family 0.58/unit Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential 24.26 (Castle & Cooke) Non Residential 7.56 (Parkside Partners) Brimhall & Verdugo (1-09) Seven Oaks North (2-11) & South (2-20) Undeveloped R-1 zoned 3/acre 5 acres or more California Avenue (1-07) Stockdale California NE (1-18) Stockdale Village Lane (1-20) Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave./ Stockdale Hwy, frontage EXHIBITa'~G" KFy~~ Page Hof 4 T a ORIGB~It~i USE EDU REMARKS Union Avenue(4-07) Non Residential 3 Per parcel Silvercreek (3-04) 370-022-04 0.71/unit Shall be charged at R-3 rate, 12 units/Acre, as per GPA Resolution No. 22-94 Chester Avenue (4-11 & 4-16) Wall Street (4-25) 6/acre Area for each parcel is based 50% on lot area and 50% on building area. Stockdale Calloway (1-15) Coffee Gosford (2-15) Park maintenance fee to be paid per Agreement 96-81(1). Stockdale Buena Vista SW (2-22) Park maintenance fee to be paid per Ordinance No. 3957. S:\PROJECTS\MAI N DI ST\ExhibitC\ExhC03.doc 4/03 ~AKE~ EXHIBIT ~" 's.; Page 4~f 4 "' v ~)RN~INa, ,, EXHIBIT "D" MAINTENANCE DISTRICT AREA 5-09 Said assessment is made in accordance with the benefit formula attached hereto. 2003-2004 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 ~,AKF„y ;~ s,~, EXHIBIT "D" !~RK;iNR~ EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-09 ASSESSMENT ROLL FISCAL YEAR 2003-2004 Assessor's Tax No. Total amount to be collected for FY 2003-2004 173-162-01-00-5 $0.00 173-162-02-00-8 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" g$AKC-;y. S,~ OtiIGIN4! AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ss. County of Kem ) 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 26th day of June , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1304 passed by the Bakersfield City Council at a meeting held on the 25th day of June 2003, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-09 (OSWELL, HWY 58 SE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. B' ;~~ ®~K~~'~-c ~..-,, z~ QF#Ilil~li# /s/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield