HomeMy WebLinkAboutROI NO 1227RESOLUTION OF INTENTION NO. 1227
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 5-06 (BERKSHIRE, MONITOR NORTH),
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 5-06 (Berkshire, Monitor North), 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 Tract No. 5941, 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:
herein.
1. The foregoing recitals are true and correct and are incorporated
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 5-06, Berkshire, Monitor North), 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 5-06 (Berkshire, Monitor North) 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 2 and
Park Tier 1 zones of benefit and is assessed an amount not to exceed $125.00 per
equivalent dwelling unit per year,
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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
NOV 29 2000 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~O~...
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offici~Cl~t~ of the
Council of the City of Bakersfielc~
APPROVED
NOV ~9 2000
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-06 (BERKSHIRE, MONITOR NORTH)
Fiscal Year 2000-2001
Addition of territory, Area 5-06 (Berkshire, Monitor North) to the Consolidated
Maintenance District is generally described as an area bounded by the Arvin Edison Canal
on the north, a line 1/4 mile east of Monitor Street on the east, Berkshire Road on the
south, and a line 1/8 mile west of Monitor 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 5-06 (Berkshire, Monitor North) is being added to
the Consolidated Maintenance District for the maintenance of a public park and public
street median and other street landscaping. The area will be assigned appropriate park
- ~- EXHIBIT "1"
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 a park and/or street landscaping has been
installed. When a park and/or street landscape improvements have been completed, park
tier I and/or street tier 2 assessments will be assessed.
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, RAU L 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 2000-2001 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 5-06
(Berkshire, Monitor North), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
RAUL M. R~)'J'A'S
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 5-06
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 30, T 30 S, R 26 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the intersection of the centerline of Berkshire Road and the southerly
prolongation of the west line of lot 12 of the Berkshire Farm Tract, said point being
30 feet south of the southwest corner of said lot 12;
THENCE (1) North 00° 35' 41" East, along the west line of said lot 12 and southerly
prolongation thereof, a distance of 1322.10 feet, to intersect the south right of way
line of the Arvin Edison Canal;
THENCE (2) South 89° 30' 55" East, along said south right of way line, a distance
of 551.30 feet, to the beginning of a tangent curve concave southerly, having a
radius of 645.00 feet;
THENCE (3) Easterly along said curve through a central angle of 16 ° 59' 40", an am
distance of 191.31 feet;
THENCE (4) South 72° 31' 15" East, a distance of 355.30 feet, to the beginning of
a tangent curve concave northerly, having a radius of 755.00 feet;
THENCE (5) Easterly along said curve through a central angle of 16° 59' 40", an arc
distance of 223.94 feet;
THENCE (6) South 89 ° 30' 55" East, a distance of 678.20 feet, to intersect the east
line of lot 14 of said Berkshire Farm Tract;
THENCE (7) South 00° 35' 26" West, along said east line and prolongation thereof,
a distance of 1157.30 feet, to intersect the centerline of Berkshire Road;
THENCE (8) North 89° 30' 34" West, along said centerline a distance of 1978.80
feet; to the TRUE POINT OF BEGINNING.
EXHIBIT"A"
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(AREA
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
5-06, BERKSHIRE, MONITOR NORTH) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA i
NOT TO SCALE
ARVIN EDISON CANAL
ARVIN EDISON CANAL
Exhibit "B'
J
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 ievel, 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
EXHIbiT C ~
~
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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
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
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.
EX~IT_ .... C [~?
Pag~ 0~[
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
Stockdale, California NE
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
USE EDU REMARKS
Union Avenue
Non Residential
3
Per parcel
Silvercreek
370-022-04
0.71/unit
12 units/Acre
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Chester Avenue
6/acre
Area for each parcel is based
50% on lot area and 50% on
building area.
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EXHII~ "C" '~'-
Page4 of 4 !':
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 5-06
Said assessment is made in accordance with the benefit formula attached hereto.
2000-2001
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$0.00
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EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 5-06
FISCAL YEAR 2000-2001
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 2000-2001
516-010-15-00-7
516-010-16-00-0
$0.00
$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
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 30TM dayof November ,2000 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1227 passed by the Bakersfield City Council at a meeting held on the
29TM day of November 2000, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 5-06 (BERKSHIRE, MONITOR NORTH),
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 THE
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Depu-'ty City Clerk
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November 30, 2000