HomeMy WebLinkAboutROI NO 1319RESOLUTION OF INTENTION NO. 1319 '~.0.'~_. ! 3 ! 9
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 5-11 (OSWELL, ZEPHYR NW), 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 5-11 (Oswell, Zephyr NW), 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
(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 Tentative Tract 6132, 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 5-11, Oswell, Zephyr NW), 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 5-11 (Oswell, Zephyr NW) 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.
-o0o-
2
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of t_he.A(~ity of Bakersfield at a regular meeting thereof held on
DEC ~1 § ~UU~ , by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offici~Clerk of the
Council of the City of Bakersfield
APPROVED:
OEC 1 0 2003
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
3
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-11 (OSWELL, ZEPHYR NW)
Fiscal Year 2003-2004
Addition of territory, Area 5-11 (Oswell, Zephyr NW) to the Consolidated
Maintenance District is generally described as an area bounded a line 1000 feet north of
Zephyr Lane on the north, Oswell Street on the east, Zephyr Lane on the south, and a
line 330 feet west of Workman 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 5-11 (Oswell, Zephyr NW) is being added to the
Consolidated Maintenance District for the maintenance of a park and public street
EXHIBIT "1"
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 and non-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 will benefit all the residential lots 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 5-11 (Oswell, Zephyr NW), 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"
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY j
(AREA 5-11, OSWELL ZEPHYR NW) TO THE
I
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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BY
EXHIBIT 'B'
LEGAL DESCRIPTION
Area 5-'11
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 3, T 30 S, R 28 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the east quarter corner of said Section 3, also being the intersection
of the centerlines of Oswell Street and Zephyr Lane;
THENCE (1) North 89° 41' 58" West, along the centerline of said Zephyr Lane, a
distance of 1324.95 feet;
THENCE (2) North 00° 42' 29" East, a distance of 842.63 feet;
THENCE (3) South 89° 40' 40" East, a distance of 330.90 feet;
THENCE (4) North O0° 40' 08" East, a distance of 12.21 feet;
THENCE (5) South 89° 41' 51" East, a distance of 180.00 feet;
THENCE (6) North 00° 42' 49" East, a distance of 150.09 feet;
THENCE (7) South 89° 41' 51" East, a distance of 812.41 feet, to a point on the
east line of said Section 3 and centerline of Oswell Street;
THENCE (8) South O0° 36' 52" West, along said east line and centeriine, a
distance of 1004.76 feet, to the east quarter corner of said Section 3 and the
TRUE POINT OF BEGINNING.
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EXHIBIT "A"
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 as
defined on page 2 of this exhibit) 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
(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
Note: Since Proposition 218 was passed in November 1996, assessment rates have
been frozen at the 1996-1997 level.
Page 1 of 4
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
1.0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned
5 acres or more.
4/acre
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Multi-Family (Attached)
0.71/unit
Undeveloped R-2, R-3
0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
6/acre
0.71/unit
1.00/unit
Mixed Use
Rounded down to the
nearest whole number.
Rounded down to the
nearest whole number.
Number of units shall equal
the acreage multiplied by 12
rounded down to the nearest
whole number.
Rounded to nearest .01
Each calculated per the
above.
c~< ~.~k'~-~ EXHIBIT "C"
~ Page 2 of 4
ORIGINAL
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
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
EDU REMARKS
3.28/acre
Parkside Villa.qe (2-01)
Single Family 1.0
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential 24.26
(Castle & Cooke)
Non Residential 7.56
(Parkside Partners)
Brimhall & Verdu.qo (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, Villa.qe Lane (1-20)
Non Residential 1.0
0.86/unit
0.58/unit
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
%z~-~-~XHIBIT "C"
~Page 3 of 4
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Wall Street (4-25)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
EDU
3
0.71/unit
6/acre
REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
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.
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4/03
EXHIBIT "C"
~ Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 5-11
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) $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
~ '~EXHIBIT "D"
ORIGII%,L
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 5-11
Assessor's Tax No.
173-390-30-00-2
ASSESSMENT ROLL
FISCAL YEAR 2003-2004
Total amount to
be collected for
FY 2003-2004
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
ORIGINAL