HomeMy WebLinkAboutRES NO 152-00RESOLUTION NO. ] 5 ~- 0 0
A RESOLUTION ADDING TERRITORY, AREA 5-06
(BERKSHIRE, MONITOR), TO THE CONSOLIDATED
MAINTENANCE DISTRICT AND CONFIRMING THE
ASSESSMENTS, APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT AND AUTHORIZING COLLECTION
OF ASSESSMENTS BY THE KERN COUNTY TAX
COLLECTOR. (WARD 7).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1227, adopted November 29, 2000, declared its
intention to add territory, Area 5-06 (Berkshire, Monitor), to the Consolidated Maintenance
District, preliminarily confirmed and approved the Public Works Director's Repod, the
boundaries of the proposed additional territory, the fairness of the benefit formula and the
amount of assessment to be levied against each parcel. Said additional territory shall be
designated Area 5-06 (Berkshire, Monitor), as shown and designated on that cedain map
entitled "Map and Assessment Diagram for Addition of Territory, Area 5-06 (Berkshire,
Monitor), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year
2000-2001 on fife in the offices of the City Clerk and Public Works Director, City of
Bakersfield; and
WHEREAS, the Public Works Director duly filed with the City Clerk his
Report, including a budget, assessment formula, improvements to be maintained by the
district, description of property and proposed assessments; and
WHEREAS, the City of Bakersfield has received a letter from the property
owner within the additional territory, Area 5-06 (Berkshire, Monitor), 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. The owner also has submitted a Proposition 218 Ballot (Official
Assessment Ballot) indicating his consent to the assessment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
1. The foregoing recitals are true and correct and incorporated herein by
reference.
2. The Council hereby adds territory, Area 5-06 (Berkshire, Monitor), to the
Consolidated Maintenance District and confirms and adopts the Public Works Director's
Report (attached hereto as Exhibit 1 and incorporated herein by reference), including the
amounts of assessment for each assessed parcel, as set forth in the Public Works
-1
Director's Report.
Monitor).
3. Exhibits "A" and "B" describe the additional territory, Area 5-06 (Berkshire,
4. All parcels within this additional territory 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 landscape
improvements have been installed. When a park and street landscape improvements have
been completed, park tier 1 and street tier 2 assessments will be assessed. The benefit
formula (Exhibit "C"), budget (Exhibit "D") and assessment roll (Exhibit "E") are attached
hereto.
5. The Kern County Tax Collector is hereby authorized to collect such
assessments.
6. Beginning in the 2001-2002 fiscal year and each fiscal year thereafter, the
Public Works Director is hereby directed to prepare an Annual Report, as provided in
Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the
time allowed for placement of assessments on the County tax rolls for the applicable fiscal
year. Upon filing of the Annual Report, the Clerk shall set a hearing before the City Council
and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code.
7. The City Council hereby reserves the right to pen~orm the work of
maintenance and operation of the public improvements by City forces or by private
contractor. Such determination and election is to be made for each year at the time the
budget and assessment is approved for the year in question.
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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
DEC 1 :~ 2000 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER C-.Jo r..~ ~.
COUNCILMEMBER t..!~ ~ ~.
CITY CLERK and Ex Officio/(~lerk of the
Council of the City of Bakersfield
APPROVED:
DEC 1 S ZOO0
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S ,PROJECTS\MAINDIST\ESTAB/M D5 06Est
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 1 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 afl 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 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. ROJAS
Director of Public Works
City of Bakersfield
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 28 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 arc
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.
S:tPROJ ECTS\MAIN DIST\LE GALS\Legal5-06.wpd
EXHIBIT "A"
(AREA
MAP AND ASSESSMENT DIAORAM
FOR ADDITION OF TERRITORY
5 06~ t}ERKSHIRE, MONITOR NORTH) TO
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFOI~NIA I
NOT TO SCALE
ARVIN EDISON CANAL
THE
ARVIN EDISON CANAL
ROAD
EXHIBIT "B"
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. 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"
Page 1 of 4
EQUIVALENT DWELLING UNIT (EDU) CHART
An Equivalent Dwelling Unit (EDU) is equal to a single family residence.
calculated by use or potential use per zoning as follows:
USE EDU REMARKS
Agricultural Zone
1.0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0 Per parcel
Undeveloped R-1 zoned
5 acres or more.
4/acre
Undeveloped R-1 zoned,
less than 5 acres.
l/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)
Mixed Use
6/acre
0.71/unit
1.00/unit
EDU's shall be
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 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 Villaqe
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.$6/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
EXHIBIT "C"
Page 3 of 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 Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
S:\PROJECTS\MAINDIST!FORM U LAS\ExhC00 wpd
EXHIBIT "C"
Page 4 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
S PROJE(; [ S MAINDIST FXHIBI f DMD5 i)(D WB2
EXHIBIT "D"
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
Date:
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
Page 1