HomeMy WebLinkAboutROI NO 1216RESOLUTION OF INTENTION NO. 1216
RESOLUTION OF INTENTION NO. i2i~ PRELltVi~NARILY
ADOPTING, CONFIRI~liNG AND APPROVING PUBLIC WORKS
DIRECTOR'S REPORT FOR THE CONSOLIDATED
MAINTENANCE DISTR~CT AND THE 2000-200i BUDGET;
SETTING 'TIME AND PLACE FOR HEARING PROTESTS ON THE
AMOUNT OF STREET LANDSCAPING ASSESSMENTS TO BE
LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE
D~STR~CT, (ALL WARDS)
WHEREAS, Chapter 13.04 of Title 13 of the Mur~icipal Code of the City of
Bakersfield provides for an a~ternative 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 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 property in the Consolidated Maintenance District, as
set forth in Exhibit "A", on file in the City Clerk's Office.
(b)
the improvements to be maintained by this district specifically are various
items included in Street and Median Landscape Plans within the
boundaries as shown on Map and Assessment Diagram for Consolidated
Maintenance District, attached hereto as Exhibit "8";
(c) the benefit formula attached hereto as Exhibit "C';
(d)
a budget, containing the matters specified in Section 13.04.120 of the
Bakersfield Municipal Code, attached hereto as Exhibit "D"; and
(e)
the amount of assessment to be levied against each parcel as set forth in
Exhibit "E", on file in the office of the City Clerk.
NOW THEREFORE, BE ~T RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The foregoing recitals are true and co~'rect and are incorporated herein.
2. 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. Such determination and election is to be made
for each year at the tima the budget and assessment is approved for the year in question.
3. 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 Consolidated Maintenance District which benefits from said local improvements; that the
expense of maintaining and operating said improvements is hereby made assessable upon said
district; and that the exterior boundaries of said Consolidated Maintenance District are specified
and described on that certain map now on file in the Office of the City Clerk of the City of
Bakersfield and in the Office of the Public Works Director, marked Exhibit "B," entitled "Map and
Assessment Diagram for' the Consolidate Maintenance District, Bakersfield, California, for Fiscal
Year 2000-2001 ."
4. The City Council hereby sets WEDNESDAY, June 14, 2000, AT 7:00 P.I~{.,
or as soon thereafter as rosy be heard, at the Councit Chambers of the City Council, 1501
Truxtun Avenue, Bakensfie~d, California, as the time and place for hearing protests on the
following matters:
FAIRNESS OF THE BENEFIT FORMULA;
ZONE OF BENEFIT iNCLUDING T~ER LEVEL;
THE AMOUNT OF THE STREET LANDSCAPING ASSESSMENT ON ANY
PARCEL OF PROPERTY TO BE ASSESSED;
RESERVATION BY C~TY OF RIGHT TO ELECT WHETHER TO PROCEED TO
PERFORM WORK BY CITY FORCES OR BY PRIVATE CONTRACTOR.
Any interested person may object to any of the above-listed matters by filing a
written protest with the City Clerk at 1501 -Fruxtun Avenue, Bakersfield, California, at or before
said time set for the protest hearing; and said City Clerk shall endorse on each protest the date
and hour of its receipt, and at said hearing shall present to the Council ail such protests filed with
said Clerk.
5. The City Clerk is hereby further directed to cause notice of said protest
hearing to be published,, posted and mailed in the manner prescribed by Sections 13.04.140
through 13.04.160 of the Bakersfield Municipal Code. The form of notice shall be substantially
as follows:
THIS IS NOT A BILL - ASSESSMENT lS THROUGH YOUR PROPERTY TAXES
CITY OF BAKERSFIELD
NOTICE OF HEARING ON THE CONSOLIDATED i~IAINTENANCE DISTRICT
APN
NAME
ADDRESS
CITY, STATE
(BarCode)
Subject Property:
Your proposed assessment for 2000-2001 is $ __
Your last year's assessment was $.__
Duration of payments: ongoing on a yearly basis.
NOTICE IS HEREBY GIVEN that the Public Works Director of the City of Bakersfield has prepared and flied with
the City Clerk a Report which provides the basis for the benefit assessment for maintaining street and/or park
landscaping and related publio improvements to be borne by all parcels of property within the Consolidated
Maintenance District which includes your property. Said Report sets forth the amounts in the budget for
maintenance and operation of the above public improvements, a description of each parcel of propertyr in the
Consolidated Maintenance District and the amount of assessment levied for fiscal year 2000-2001 against each
parcel. Said Report is open to public inspection.
The estimated revenue to be raised for this fiscal year for the Consolidated Maintenance District is:
$_
On Wednesday, June t4, 2008, at 7:00 P.~I., or as soon thereafter as the matter may be heard, in the Counci!
Chambers at 1501 Truxtun Avenue, Bakersfield, California, '[he City Council will consider the above-referenced
Report and hold a Protest Hearing. At this hearing, protests will be heard regarding the fairness of the Ibenefit
formula, the zones of benefit (street and/or park) including tier level, and the amount of the assessment on any
parcel of property to be assessed. Any interested property owner obiecting to any of these items may file a written
protest, signed by him/her, describing the parcel of property so that it may be identified and stating the grounds
of his/her protest. Any written protest shall be filed with the City Clerk at 1501 Truxtun Avenue, Bakersfield,
California, 93301 at or before the protest hearing. Individual property owners may also appear and be heard at
the hearing.
Any person challenging in cou¢~ the decision made at the conclusion of the protest hearing may be limited to
raising only those issues raised at such hearing or in written protest flied with the City Clerk prior to the close of
such hearing.
If you need additional information, please contact Mr. Allen Abe of the City Recreation and Parks Department at
(661) 326-3117.
Dated: 6/01/2000
PAMELA A. McCARTHY, CMC
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
- 3 -
a HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof he~d on
by the following vote:
AYES:
NOES:
A~STAIN:
ASSENT:
COUNCILMEMSERCARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGG~O
COUNCILMEMBER A~;P ~;
COUNCILMEMBER ( ~(' ~ "r~~
COUNCILMEMBER //,~;"
CiTY CLERK and Ex Officio ~lerk of the
Council of the City of Bakersfield
APPROVED
',,, i
BOB P [:¢,,:f~ E ~
MAYOR of the City of Baker:Sfieid
APPROVED as to form:
BART J. THILTGEN
DITY ATTORNEY
By:
Attachments:
Exhibit "1"
Exhibit
Exhibit
Exhibit "C"
Exhibit "D"
Exhibit "E"
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- A -
PUBLIC WORKS DIRECTOR'S REPORT
FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield
Fiscal Year 2000-2001
The boundary ,of the City of Bakersfield Consolidated Maintenance District is generally
described in Exhibit "A" and is specifically as shown on the Map and Assessment Diagram under Exhibit
"B" for the various areas of benefit within the Consolidated Maintenance District, a district within the City
of Bakersfield, County of Kern, State of California. (Exhibits "A" and "E are on file in the office of the City
Clerk and Exhibits "B", "C" and "D" are attached hereto and incorporated by reference as though fully :set
forth herein.
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: turf, 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
generaily 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 19'78,
funds available for maintenance and operation of local public improvements were substantially reduced.
At present the City's budget does not allow for the cost of all maintenance and operation of local public
improvements of the types described above. Thus, without 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 withiin 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 parceIs uniformly, and are based on an Equivalent Dwelling Unit
basis, in accordance with Exhibit "C" hereof.
Park use is a benefit most Iikely to be enjoyed by each resident in the Park Zone of
Benefit. These benefits are, therefor, uniformly assessed on an Equivalent Dwelling Unit basis. No
assessment for park benefits is made on non-residential lots.
The benefit formula for the Consolidated Maintenance District is set forth in EExlhilbit "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 has provided a credit up to that
same level to those with in the, Consolidated Maintenance District. The assessments contained within this
report for the Consolidated Maintenance District have been amended to reflect a 86% 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 rate.,; and methodology will not change and therefore
the rates for 2000-2001 will remain at the 1999-2000 Ilevel.
NOW, THEREFORE, I, RAUL M. ROJAS, Public Works Director of the City of
Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby
submit the Fiscal Year 2000-2001 Budget attached hereto as Exhibit "D" and Assessment Roll as set
forth in Exhibit "E" for all parcels of property within the various areas of benefit of the Consolidated
IMaintenance District, subject to be assessed to pay the cost of maintenance and operation of the above
described public improvements in said district.
Dated:
PAUL Nl. ROJAS
PUBLIC WORKS DIRECTOR
CITY OF BAKERSFIELD
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2
EXHIBIT "A"
BOUNDARY DESCRIPTION
CONSOLIDATED MAINTENANCE DISTRICT
FISCAL YEAR 2000-2001
RESOLUTION OF INTENTION 1216
(See Exhibit A for Resolution of Intention 1215)
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MAP AND ASSESSMENT DAGRAB
F-OR
CONSOLIDATED MAINTENANC'~ DistRICT
CONSOLIDATED MAINTENANCE DISTRICT
C~TY 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 equall the dollar amount budgeted for the maintenance and operation
of the STREE'r 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) = S x a × t
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 ~andscaping shal~
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) sha~l 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): Tlhe number of EDU's for the parcel, and;
Multiplied by (t):
Divided by (b):
Tlhe factor for the tier level, which equals the park tier
number, and;
The total number of park EDU's in the district.
(2) = P × a x t
b
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
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, IF~-3
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
1/acre
0.71/unit
0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
6/acre
0.71/unit
1.00/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
Each calculated per the
above.
EXHIBIT "C"
Page 2 6f 4
EDU EXCEPTIONS
Several exceptions haw~ 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
Undeveloped R-1 zolned
5 acres or more.
Parkside Village
Single Family
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential
(Castle & Cooke)
Non Residential
(Parkside Partners)
Brimhali & Verdugo,
Seven Oaks, North & South
Undeveloped R-1 zoned
5 acres or more
California Avenue
Non Residential
EDU
3H28/acre
REMARKS
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
1.0
0.86/unit
0.58/unit
24.26
7.56
3/acre
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
Page 3 ~ 4 '!~!
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
3
0.71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolutioln
No. 22-94
Area for each parcel is based
50% on lot area and 50% oln
building area.
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EXHIBIT?C"
Page~ of 4 ~:'
EXHIBIT "D'"
CONSOLIDATED MAINTENANCE DISTRICT
STREET LANDSCAPING ZONE OF BENEFIT
Said assessment rs made in accordance with the benefit formula attached hereto.
2000-2001
BUDGET
Gross E~udget Amount Required
(City Staff Services o~-Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET ANIOUNT TO BE ASSESSED
$1,869,921.00
$285,513.00
$238,816.00
$1,345,592.00
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EXHIBIT "E"
ASSESSMENT ROLL
CONSOLIDATED MAINTENANCE DISTRICT
F~SCAL YEAR 2000-2001
RESOLUTION OF ~NTENT~ON 1216
(See Exhibit E for Resolution of ~ntention 1215)
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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 dufy appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 25[h day of May ,2000 she posted on the Bulletin
Board at City Hall, a full, true and correct copy ot: the following: Resolution of
intention No. 1216 passed by the Bakersfield City Council at a meeting held on the
24th day of May_ 2000, and entitled:
RESOLUTION OF iNTENTION NO. 1216 PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING PUBLIC
WORKS DIRECTOR'S REPORT FORTHE CONSOLIDATED
MAINTENANCE DISTRICT AND THE 2000-2001 BUDGET;
SETTING TiME AND PLACE FOR HEARING PROTESTS ON
THE AMOUNT OF STREET LANDSCAPING ASSESSMENTS
TO BE LEVIED THROUGHOUT THE CONSOLIDATED
MAINTENANCE DISTRICT. (ALL WARDS)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DeCuty City Clerk`/
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May 25, 2000