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Home My WebLink AboutROI NO 1305RESOLUTION OF INTENTION NO. 1305 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-27 (FAIRFAX, ROYAL COACH), 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 4-27 (Fairfax, Royal Coach), 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 ~,mra~~if , (1FtIG~JAt (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 4621, Lot 30, 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 4-27, Fairfax, Royal Coach), 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 4-27 (Fairfax, Royal Coach) 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 Landscape and Park Zones of benefit and i $125.00 per equivalent dwelling unit per year. Exhibit "E" is included in the Street s assessed an amount not to exceed -000- 2 QF 0AK~9S, ~. ~: ~ Z QRfGt~JAe 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 JUL 9 2003 , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~r0.e~R ABSTAIN: COUNCILMEMBER I~s~-y~Q- ABSENT: COUNCILMEMBER f~R-V~Q Yiu'• Ll• IItL ~ CITY CLERK and Ex Officic Jerk of the Council of the City of Bakersfield JUL 9 2003 APPROVED: HARVEY L. HALL MAYOR of the City of Ba APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\PROJECTS\MAI N D I ST\ROI\MD4-27ri03. doc Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" 3 ~ @,AKF,4 '' s~ ~ ~ c.~ ~RIGE~IAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-27 (FAIRFAX, ROYAL COACH) Fiscal Year 2003-2004 Addition of territory, Area 4-27 (Fairfax, Royal Coach) to the Consolidated Maintenance District is generally described as an area bounded by Royal Coach Circle on the north, east and south, and Fairfax Road 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 turt; 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 4-27 (Fairfax, Royal Coach) is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and EXHIBIT "1" 1 ~~ ®~~~ys-c. m: ~ - J ,. ORtGtNa r 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 4-27 (Fairfax, Royal Coach), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: ~~/~~~~~ " l~ RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~,arc~ ~~'~ ~ ~j~ ~ ~-. a- - : gFdtGINAi , LEGAL DESCRIPTION Area 4-27 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 14, T 29 S, R 28 E, M. D. B. & M., and more particularly described as follows: Beginning at the intersection of the centerlines of Fairfax Road and the south end of Royal Coach Circle; THENCE (1) North 53° 09' 17" East, along said centerline of Royal Coach Circle, a distance of 99.07 feet, to the beginning of a tangent curve, concave westerly, having a radius of 250.00 feet; THENCE (2) Northerly along said curve through a central angle of 90° 00' 00", an arc distance of 392.70 feet; THENCE (3) North 36° 50' 43" West, a distance of 34.83 feet; THENCE (4) South 53° 09' 17" West, a distance of 349.07 feet, to a point on the centerline of Fairfax Road; THENCE (5) South 36° 50' 43" East, along the centerline of Fairfax Road, a distance of 284.83 feet, to intersect the centerline of Royal Coach Circle, and the TRUE POINT OF BEGINNING. EXHIBIT "A" S:\PROJECTS\MAINDIST\LEGALS\Legal4-27. DOC µ~1~,7(F„Sys, ~,~ r yy.,, r r m t7NK;kNAI MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-27, FAIRFAX, ROYAL COACH) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~\~ ~\ •\ STRICT BOUNDARY F!ID N TE DFFIQ Of 111E Ott dFID( TIIS _ DAY Oi lQ_. an amt a T1E att a SAIERSfE1D, CA11PdElA AN ASSE981FNT WAS IEYID BY TE tltt OOUTA.i d1 TE ID13, PEOER NO PARdlS DF lND 910111 d! T6 ALIT dAdDYL SAD ASff9lEllf WAS LE\M]) q1 TIE _ DAY 6 R_: SAU A9E581EMT OIMIAY AIa TE A~Id1T Rdl METE IECdGFD M TE 6RIE 6 TE DFPAIfIYdR Oi PdYIC WdNB 6 SVD Ott dl TE _ DAY a ao_ AEFFIEIIIE rs uADE ro nE A~EMT 8011 WEdNdT N TE ON1CE DF 1ME RPARIYFNT K PUd1D W0016 Fdf TXE F1dDT AYDIMT !i EAOI AssV~Q1T LL\1ED ACANSf EAd PM01 Qi LNq 9gTN d 1115 A59391EMT dACRAY. an dFwt aP 11E alr a SAIEPSIFID. CN1i011NA I a NoT ro scuE .WIES W. FlTGI oouxtt wstit~as-1sdNOm BY dIIE: dwtt W'CDDDFT oEEC1os a Haut waNs SMER4FID. CAIFOINIA . ~. fIFD FTR IECOIm TMS _ DAY 6 10~ AT _ ~Y., N BDpI _ Q AS~EIIT OISIdD14 AT PADS _ N 111E OFF1fE DP TIE CDISItt REQ]IWdt d' TIE gMNtt d' IE>01. STAIE 6 CN1ipMA 9:CtlAEO M TE OFFNE d' TE OmAR11ENT 6 PU9JD Wd06 T6 _ DAY DF 1D_. 1~ 'dAK¢~~ EXI~BIT "' ,.~ -,y,-zT ,.T,.r- 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. ~~ i~~AEyS EXHIBL7 "C" Pagel of 4 '.' ~7rarG~at 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. EXHI~k~, Pad 2 of 4 `Tr~r~K;uvai 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 EXH IBI, ,~'~¢'~sy. Pag~3 of 4 ~, ±~i)NKiu~lAf -~ 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 NDIST\ExhibitC\ExhC03.doc 4103 EXHIgI"i~'~C~9s Page 4 of 4 . ,a `~!~INAt. EXHIBIT "D" MAINTENANCE DISTRICT AREA 4-27 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 $0.00 $0.00 NET AMOUNT TO BE ASSESSED $0.00 ~ ~AKFys_ EXHII~f "D" i~ r3FfKil~ilt~ EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-27 ASSESSMENT ROLL FISCAL YEAR 2003-2004 Assessor's Tax No. Total amount to be collected for FY 2003-2004 439-113-01-00-4 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" a~'K~9 , e?x' 'S~;° T ~~DRIGINAI 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 10th day of Julv , 2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1305 passed by the Bakersfield City Council at a meeting held on the 9th day of Julv 2003, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-27 (FAIRFAX, ROYAL COACH), 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. m r _ ~ ;)RiGINi~i /s/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield