HomeMy WebLinkAboutROI NO 1385
RESOLUTION OF INTENTION NO. 1385
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-57 (ALLEN, PALM 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, Tract No. 5279, Units A and B were processed and recorded
while in the unincorporated area, and;
WHEREAS, the owners of this area requested the County to include the
property within County Service Area 71 for maintenance of street landscaping in
accordance with the procedures established therefore by the County, and;
WHEREAS, the owners signed Proposition 218 ballots agreeing to
maximum assessments of $265 per year per single family residence for maintenance of
street landscaping, and;
WHEREAS, the property was annexed into the City on April 28, 2005, and
the City is now responsible for maintenance of the street landscaping, and;
WHEREAS, the Public Works Director recommends that this territory be
added to the Consolidated Maintenance District; and;
WHEREAS, on January 12, 2005, the City Council passed Resolution No.
019-05 adopting Council Policy on Park Maintenance and Street Landscaping
Assessments which enables the City to collect additional revenue for the maintenance of
street and median landscaping and park maintenance within the Consolidated
Maintenance District, and;
WHEREAS, as of January 12, 2005, all new developments, including the
foregoing said tract that benefit from public parks and/or street landscaping shall be
added to the Consolidated Maintenance District and shall be assessed, consistent with
the requirements of Proposition 218, those amounts set forth in Exhibit "A" of
Resolution No. 019-05. Said amounts shall be increased annually by the cost of living
increase reflected in the Los Angeles - Riverside - Orange County/All Urban 'òAK~
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Consumers Consumer Price Index, and;
WHEREAS, it is the intention of the City Council of the City of Bakersfield
to add territory, Area 1-57 (Allen, Palm NW), 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 "0," 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".
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 1-57, Allen, Palm 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 1-57 (Allen, Palm
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 Zone of benefit and is assessed an amount according to the amount set
forth in Exhibit "An of Resolution No. 019-05.
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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
MAY 2 5 '005 , by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD. COUCH. HANSON, SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
lI~i. CITYC~O~the
Council of the City of Bakersfield
APPROVED:
MAY 2 5 20()§
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: /~/n ~
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S.\PROJ ECTS\MAINOIST\ROI\M01-57ri05.doc
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-57 (ALLEN, PALM NW)
Fiscal Year 2004-2005
Addition of territory, Area 1-57 (Allen, Palm NW) to the Consolidated
Maintenance District is generally described as an area consisting of Tract 5279, Units A
and B, bounded by Allen Road on the east, Palm Avenue on the south, Palm Ranch
Street on the west and westerly extension of Dove Creek Drive on the north, 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 public street
medians and other public street landscaping. The improvements generally include,
but are not limited to, 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 1-57 (Allen, Palm NW) 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 street tier in the
Consolidated Maintenance District so that each parcel will be assessed the same
EXHIBIT "1"
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amount as other parcels receiving a similar benefit.
This area was developed in the unincorporated area. Street landscaping
is existing and has been maintained by the county for several years. This area was
annexed into the City on April 28, 2005. As of that date the county notified the City that
it would no longer be maintaining the landscaping. Street landscape maintenance is
now the responsibility of the City.
This area shall be assessed consistent with the requirements of
Proposition 218 and Resolution No. 019-05, adopted by the City Council on January 12,
2005. Resolution No. 019-05 allows assessments to be increased annually by the cost
of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban
Consumers Consumer Price Index. Beginning in 2005-2006, based on current
landscaping, all parcels will be assessed for street tier 3. Should medians be added at
a later date the street tier would increase to tier 4.
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.
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 2004-2005 Budget and Assessment Roll as set
forth in Exhibit "0" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 1-57 (Allen, Palm NW), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
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RAUL M.J(OJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area i-57
Being a portion of the Northeast quarter of Section 26, Township 29 South, Range 26 East, M.D.B.&M.,
more particularly described as follows:
Commencing at the East quarter comer of said Section 26, said point being the intersection of the
centerlines of Allen Road and Palm Avenue, thence South 89°42' 17" West, along the centerline of said
Palm A venue, a distance of 55.00 feet to the True Point of Beginning;
I) Thence continuing South 89°42' 17" West, along the centerline of Palm Avenue, a distance of
1505.11 feet, to a point on the west right of way line of Palm Ranch Street;
2) Thence North 00°17'43" West, along the west right of way of Palm Ranch Street, a distance of
1135.00 feet;
3) Thence departing said west line, North 89°42' 17" East, a distance of 1285.00, to a point on the
west right of way line on Majesty Palm Street;
4) Thence North 00°17'43" West, a distance of 9.44 feet;
5) Thence North 89"42' 17" East, a distance of 60.00 feet, to the beginning of a nontangent curve,
concave northeasterly, having a radius of20.00 feet, the radial to which bears South 89°42' 17"
West;
6) Thence Southeasterly through said curve through a central angle of 90°00'00", an arc distance of
31.42 feet;
7) Thence North 89°42' 17" East, a distance of 120.18 feet, to the beginning of a tangent curve,
concave northwesterly, having a radius of 20.00 feet;
8) Thence Northeasterly along said curve through a central angle of 89°59'47", an arc distance of
31.41 feet, to a point on the west right of way line of Allen Road (width 110 feet);
9) Thence South 00°1 7'30" East, along said west right of way line, a distance of 1144.44 feet, to the
True Point of Beginning.
EXHiBIT "A"
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 1-57, ALLEN, PALM NWJ TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE
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fUD It THE CIFF1C[ Of THE aTY a.ERK 1MS _ DAY
OF "'--'
FUD FOR RECORD THIS _ DAY Œ
2CL.AT_~."øotII:_OfASIESSIIENT
DISIRIC1S AT PAGE _ It 1t£ CFF1Œ Œ 1t£ COUrm'
IÐXIaJt Œ THE CClUNTYœlŒJtll, STAlE Of' CAI.I'ORfrIA.
OTY a.EJI( Of THE aTY OF
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COUN1Y .........__
BY
AN AS!EIIIIENT WAS LE\Ð BY 1t£ aTY OOUNCL ON 1ttE LOTS,
PIEŒS AND PMŒlS OIF I.NI) stfIMI ON 1ttS ASIIES!IIIENT DIAGRAM.
!1M) A5!D8IIÐß WAS LE\4ED ON 1HE _ DAY Of
2O....õ !1M) ~ DIAGRAM AND
ntE~m.L_JlECDllDEÐ"1HECl'flŒOF1t£
OEPNmENT ( f P\8JC -.cs 01 !1M) aTY ON THE _ DAY
OF 2CL. REFERENCE IS MAÐE 'YO 1HE
ASIIES!IIIENT ROLL RECORDED It 1HE CI'FIŒ OF 1t£ OEPAR'NENT Of
I"tØJC 'MIICS FOR TI£ EXACI' AWOUNT Œ EACH AS!IESSIIENT L£\4ED
AC:MIST [ACM PMŒL Of LAHD ~ ON 1MS ASSESSIIENT 0IAGItMI.
CJEF DEPUTY ........
RE:CCRIED It 1HE OFFICE ( f 1HE DEPMmENT Of' PlIIUC WORkS
tItS _ DAY ΠIlL-
DIEC'roR OF' Pl&JC WORKS
........................
OTYQ.ERlCaF1MEOTYŒ
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EXHIBIT ,,¡#'ò Kê1>~
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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) = S x a x t
b
(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) = 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. Maintenance Districts for new developments
formed after January 12, 2005 shall be assessed per Attachment A of Resolution 019-
05 adopted the City Council on Jan 12,2005.
EXHIBIT "C"
Page 1 of 4
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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
Single Family (Detached)
Dwelling Unit, less than
5 acres
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
Agricultural Zone
Undeveloped R-1 zoned
5 acres or more.
4/acre
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Rounded down to the
nearest whole number.
Multi-Family (Attached)
0.71/unit
Undeveloped R-2, R-3
O.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
(Rent Space)
0.71/unit
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per the
above.
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EXHIBIT "C" ;: ê'.
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ORIGINAL
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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
5 acres or more.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parkside Villaqe (2-01)
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
(Parks ide Partners)
7.56
Brimhall & Verduqo (1-09)
Seven Oaks. North (2-11) & South (2-20)
Miramonte, 178 (4-13)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Villaqe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage
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ORIGINAl
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Wall Street (4-25)
Baker Street (4-24)
Baker Street II (4-29)
Stockdale. Callowav (1-15)
Coffee, Gosford (2-15)
Stockdale, Buena Vista SW (2-22)
S :\PROJ ECTS\MAINDIST\ExhibitC\ExhC05Revised.doc
5-04-05
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EDU
REMARKS
3
Per parcel
0.71/unit
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
6/acre
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).
Park maintenance fee to be
paid per Ordinance No. 3957.
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-57
Said assessment is made in accordance with the benefit formula attached hereto.
2004-2005
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
$0.00
Estimated Beginning Fund Balance(Deficit)
$0.00
Less: City Contributions
$0.00
NET AMOUNT TO BE ASSESSED
$0.00
EXHIBIT "pM<ô,¡>
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05/13/05 11:36:21 PAGE 1
Area 1-57
APN 2004-05 2005-06
495-231-01 0 90.72
495-231-02 0 90.72
495-231-03 0 90.72
495-231-04 0 90.72
495-231-05 0 90.72
495-231-06 0 90.72
495-232-01 0 90.72
495-232-02 0 90.72
495-232-03 0 90.72
495-232-04 0 90.72
495-232-05 0 90.72
495-232-06 0 90.72
495-232-07 0 90.72
495-232-08 0 90.72
495-232-09 0 90.72
495-232-10 0 90.72
495-232-11 0 90.72
495-232-12 0 90.72
495-232-13 0 90.72
495-232-16 0 90.72
495-232-17 0 90.72
495-232-18 0 90.72
495-232-19 0 90.72
495-232-20 0 90.72
495-232-21 0 90.72
495-232-23 0 90.72
495-241-01 0 90.72
495-241-02 0 90,72
495-241-03 0 90.72
495-241-04 0 90.72
495-241-05 0 90.72
495-242-01 0 90.72
495-242-02 0 90.72
495-242-03 0 90.72
495-242-04 0 90.72
495-242-05 0 90.72
495-242-06 0 90.72
495-242-07 0 90,72
495-242-08 0 90.72
495-242-09 0 90,72
495-242-10 0 90,72
495-242-11 0 90,72
495-242-12 0 90.72
495-242-13 0 90.72
495-242-14 0 90.72
495-242-15 0 90.72
495-242-16 0 90.72
495-242-17 0 90.72
EX~E
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05/13/05 11:36:21 PAGE 2
Area 1-57
APN 2004-05 2005-06
495-242-18 0 90.72
495-242-19 0 90.72
495-242-20 0 90,72
495-242-21 0 90,72
495-251-01 0 90.72
495-251-02 0 90.72
495-251-03 0 90.72
495-251-04 0 90,72
495-251-05 0 90.72
495-251-06 0 90,72
495-252-02 0 90.72
495-252-03 0 90.72
495-252-04 0 90.72
495-252-05 0 90.72
495-252-06 0 90.72
495-281-01 0 90,72
495-281-02 0 90.72
495-281-03 0 90.72
495-281-04 0 90.72
495-281-05 0 90.72
495-281-06 0 90,72
495-281-07 0 90.72
495-281-08 0 90.72
495-281-09 0 90.72
495-281-10 0 90.72
495-281-11 0 90,72
495-281-12 0 90.72
495-282-01 0 90.72
495-282-02 0 90.72
495-282-03 0 90.72
495-282-04 0 90.72
495-282-05 0 90.72
495-282-06 0 90.72
495-282-07 0 90.72
495-282-08 0 90.72
495-282-09 0 90,72
495-282-10 0 90.72
495-282-11 0 90.72
495-2B2-12 0 90.72
FINAL TOTALS
TOTAL 0 7,892.64
Exibit E
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ORIGiNAl
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 26th
day of May , 2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1385.
passed by the Bakersfield City Council at a meeting held on the 25th day of May. 2005
and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 1-57 (ALLEN, PALM 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
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:M~ ~~J
DEPU CI Clerk
S:\DOCUMENT\FORMS\AOP.ORD. wpd