HomeMy WebLinkAboutROI NO 1200RESOLUTION OF INTENTION NO. 1200
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 2-16 (WIBLE, PRAIRIE), 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 2-16 (Wible, Prairie), to the Consolidated Maintenance District, said
area is generally described in Exhibit "A," attached hereto, to maintain and operate the
local improvements including 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
-1-
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 Parcel Map No. 10296, 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:
The foregoing recitals are true and correct and are incorporated
herein.
2. The City Council hereby preliminarily adopts and approves the Public
Works Directoes Report and declares that the territory within the boundaries so specified
and described is the territory, Area 2-16 (Wible, Prairie), benefitting 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," attached
hereto and incorporated in this resolution as though fully set forth herein, entitled "Map
and Assessment Diagram for Addition of Territory, Area 2-16 (Wible, Prairie) 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 Tier 1
zone of benefit and is assessed an amount not to exceed $125.00 per equivalent dwelling
unit per year.
-o0o-
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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 on
uny ~ 3 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER IX) O ~,J
COUNCILMEMBER ~JO ~J ~-
COUNCILMEMBER ~',~O I~¢__.
CITY CLERK and Ex Officio C~rk
Council of the City of Bakersfield
of the
APPROVED
NOV 0 3 1999
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BARTJ. THILTGEN
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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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 4th day of November ,1999 she posted on the Bulletin Board
at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1200
_passed by the Bakersfield City Council at a meeting held on the 3rd day of
November 1999, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 2-16 (WIBLE, PRAIRIE), 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.
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Deputy City Clerk
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November 4, 1999
LEGAL DESCRIPTION
Area 2-16
A parcel of land being a portion of Section 13, T. 30 S., R. 27 E., M. D. B. & M., and more
particularly described as follows:
Commencing at the west 1/4 corner of said Section 13, thence South 00° 35' 05" West,
along the west line of said Section 13, also being the centerline of Wible Road, a distance
of 1,321.36 feet, to intersect the westerly prolongation of the north line of Parcel Map No.
10296, as per map filed September 26, 1997 in Book 49 of Parcel Maps, Page 17 in the
office of the Kern County Recorder, and the TRUE POINT OF BEGINNING;
Thence (1) South 89° 19' 08" East, along said north line and westerly prolongation
thereof, a distance of 230.00 feet;
Thence (2) South 00° 35' 05" West, along the boundary of said Parcel Map, a
distance of 242.00 feet;
Thence (3) North 82° 31' 37" East1 along the boundary of said Parcel Map and
easterly prolongation thereof, a distance of 389:60 feet to intersect the centerline
of Rudnick Court;
Thence (4) South 10° 27' 00" East, along said centerline, a distance of 228.44 feet,
to intersect the centerline of Prairie Lane;
Thence (5) South 79° 33' 00" West, along the centerline of Prairie Lane, a distance
of 359.56 feet, to the beginning of a tangent curve, concave northerly, having a
radius of 400.00 feet, which radius point bears North 10° 27' 00" West;
Thence (6) Westerly along said curve and centerline, through a central angle of
11 ° 02' 05", an arc length of 77.04 feet;
Thence (7) North 89° 24' 55" West, a distance of 230.00 feet, to intersect the west
line of said Section 13, also being the centerline of Wible Read;
Thence (8) North 00° 35' 05" East, along said west line and centerline, a distance
of 488.21 feet to the TRUE POINT OF BEGINNING.
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EXHIBIT"A"
MAI= AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 2-16, WlBLE, PRAIRIE) TO THE j
CONSOLIDATED MAINTENANCE DISTRICT
1
BAKERSFIELD, CALIFORNIA
PAkCEL MA? ,','0. ! 0296
....... i~?~' \ LAN
DAY
EXHIBIT 'B'~
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 2-16 (WIBLE, PRAIRIE)
Fiscal Year 1999-2000
Addition of territory, Area 2-16 (Wible, Prairie) to the Consolidated
Maintenance District is generally described as an area bounded by a line 490 feet north
of Prairie Lane on the north, Rudnick Court on the east, Prairie Lane on the south and
Wible Road on the west, and 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 assessments of and upon all
parcels of property within the area for the cost of maintaining public street medians and
other public street landscaping improvements. The improvements generally include,
but are not limited to, plant forms, drainage facilities, irrigation system pipes, conduits,
water mains and/or sprinkler systems therefore, sidewalks, walkways, and ornamental
planting, including shrubs, ground covers and trees now existing or hereafter to be
constructed or planted in and for said area and are of a public nature. The assessments
include 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 parks1 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 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 2-16 (Wible, Prairie), is being added to the
Consolidated Maintenance District for the maintenance of public street median and other
street landscaping. The area will be assigned an appropriate tier in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other
parcels receiving a similar benefit.
-~-- EXHIBIT "1"
All parcels within this area shall be assessed an amount not to exceed
$100.00 per equivalent dwelling unit per parcel. All such parcels are assessed $22.94 per
equivalent dwelling unit (representing street tier 1) for fiscal year 1999-2000, but such
assessments will not be collected for this fiscal year because landscape improvements
have not yet been installed. When landscape improvements have been completed, street
tier 1 assessments will be assessed.
The area will consist of 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.
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 1999-2000 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 2-16
(Wible, Prairie), 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
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CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
RM LA
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
EXHIBIT
,,,.,,~,, ::.
Page 1 of 4 ':~
Equivalent Dwelling Units (EDU's) shall be calculated by use or potential use per zoning
as follows:
USE
Agricultural Zone
Single Family (Detached)
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
less than 5 acres.
Multi-Family (Attached)
Undeveloped R-2, R-3
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
l/acre
0.71/unit
0.71/unit
6/acre
0.71/unit
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
1.00/unit
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 acres or 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 or more
3/acre
California Avenue
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
USE
EDU
REMARKS
EXHIBIT "C
Page 3 03'4
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
3
0.71/unit
12 units/Acre
6/acre
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.
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EXHIBIT "C",
Page 4 ~4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 2.16
Said assessment is made in accordance with the benefit formula attached hereto.
1999-2000
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deflcit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$o.oo
$o.oo
$0.00
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I~HIBIT "~"
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 2-16
FISCAL YEAR 1999-2000
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 1999-2000
405-260-26-00-3
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"
Page 1