HomeMy WebLinkAboutROI NO 1241RESOLUTION OF INTENTION NO. 1241
RESOLUTION OF INTENTION NO. 1241 PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING PUBLIC WORKS
DIRECTOR'S REPORT FOR THE CONSOLIDATED
MAINTENANCE DISTRICT AND THE 2001-2002 BUDGET;
SETTING TIME AND PLACE FOR HEARING PROTESTS ON THE
AMOUNT OF PARK LANDSCAPING ASSESSMENTS TO BE
LEVIED THROUGHOUT THE CONSOLIDATED MAINTENANCE
DISTRICT. (ALL WARDS)
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 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 office of the City Clerk;
(b)
the improvements to be maintained by this district specifically are various
items included in Park Landscape Plans within the boundaries as shown on
Map and Assessment Diagram for Consolidated Maintenance District,
attached hereto as Exhibit "B";
(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 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.
ORIGINAL
2. The City Council hereby reserves the right to perform the work of
maintenance and operation of the public improvements within the Consolidated Maintenance
Distdct 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.
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 2001-2002."
4. The City Council hereby sets WEDNESDAY, June 13, 2001, AT 7:00 P.M.,
or as soon thereafter as may be heard, at the Council Chambers of the City Council, 1501
Truxtun Avenue, Bakersfield, California, as the time and place for hearing protests on the
following matters:
FAIRNESS OF THE BENEFIT FORMULA;
ZONE OF BENEFIT INCLUDING TIER LEVEL;
THE AMOUNT OF THE PARK LANDSCAPING ASSESSMENT ON ANY PARCEL
OF PROPERTY TO BE ASSESSED;
RESERVATION BY CITY 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
wdtten protest with the City Clerk at 1501 Truxtun 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 all such protests filed with
said Clerk.
5. The City Clerk is hereby further directed to cause notice of said protest
headng 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:
- 2 -
~
ORIGINAL
THIS IS NOT A BILL - ASSESSMENT IS THROUGH YOUR PROPERTY TAXES
CITY OF BAKERSFIELD
NOTICE OF HEARING ON THE CONSOLIDATED MAINTENANCE DISTRICT
APN
NAM E
ADDRESS
CITY, STATE
(Bar Code)
Subject Property:
Your proposed assessment for 2001-2002 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 filed with
the City Clerk a Report which provides the basis for the benefit assessment for maintaining street and/or park
landscaping and related public improvements to be borne by all parcels of property within the Consolidated
Maintenance District which includes your property. The Report sets forth the amounts in the budget for
maintenance and operation of the above public improvements, a description of each parcel of property in the
Consolidated Maintenance District and the amount of assessment levied for fiscal year 2001-2002 against each
parcel. This 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 13, 2001, at 7:00 P.M., or as soon thereafter as the matter may be heard, in the Council
Chambers at 1501 Truxtun Avenue, Bakersfield, California, the 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 benefit
formula, the zones of benefit (street and/or park) including tier level, the amount of the assessment on any parcel
of property to be assessed and reservation by City of right to elect whether to proceed to perform work by City
forces or by private contractor. Any interested property owner objecting 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 court the decision made at the conclusion of the protest hearing may be limited to
addressing only those issues raised at such hearing or in written protest filed 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: 5/25/2001
PAMELA A. McCARTHY, CMC
City Clerk and Ex Officio
Clerk of the Council of the
City of Bakersfield
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
oftheCityofBakersfleldataregularmeetingthereofheldon MAY 16 Z001 ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNClLMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offic~b Clerk of the
Council of the City of Bakb'rsfield
APPROVED MAY 16 ZOOS
APPROVED as to form:
BART J. THILTGEN
CITY ATTORNEY
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S:\P ROJ ECTS\MAINDIST\ROI\CM D01 RoiPk.wpd
OPJGiN,,~L
PUBLIC WORKS DIRECTOR'S REPORT
FOR THE
CONSOLIDATED MAINTENANCE DISTRICT
City of Bakersfield '
Fiscal Year 2001-2002
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 pamels 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
generally 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, replacements, 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 1978,
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 ~ublic street landscaping improvements
and all parcels within the district are affected.
EXHIBIT"I"
The areas within 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 parcels uniformly, and are based on an Equivalent Dwelling Unit
basis, in accordance with Exhibit "C" hereof.
Park use is a benefit most likely 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 Exhibit "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 within the Consolidated Maintenance District. The assessments contained within this
report for the Consolidated Maintenance District have been amended to reflect a 66% 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 rates and methodology will not change and therefore
the rates for 2001-2002 will remain at the 2000-2001 level.
NOW, THEREFORE, I, JACQUES R. LA ROCHELLE, Interim 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 2001-2002 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
Maintenance District, subject to be assessed to pay the cost of maintenance and operation of the above
described improvements in said district.
Dated:
JACQUES R. LA ROCHELLE
INTERIM PUBLIC WORKS DIRECTOR
CITY OF BAKERSFIELD
S:\PRO J ECTS\MAI N DIST~ROI\CM D01RoiPk.wpd
L~tGINA-
EXHIBIT '"A"
BOUNDARY DESCRIPTION
CONSOLIDATED MAINTENANCE DISTRICT
FISCAL YEAR 2001-2002
The Boundary Description is on file in the City Clerk's Office.
EXHIBIT "B"
MAP AND ASSESSMENT DIAGRAM
FOR
CONSOLIDATED MAINTENANCE DISTRICT
FISCAL YEAR 2001-2002
Please refer to Exhibit "B" of Resolution of Intention No. 1241
S:\PROJECTS\MAINDIST~ExhibitB\ExhB01 Ref.wpd
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 tevel, which equals the street tier
number, and;
The total number of street EDU's in the district.
(1) = S x a x 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 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
~.~'~A~£4' .,,~ HIBIT "C"
¢: '~Page I of 4
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 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
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
0.71/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.
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.
Parkside Village (2-01)
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 (1-09)
Seven Oaks, North (2-11 ) & South (2-20)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Village Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXH.~IT, C
Pa~ 3 of 4 ~
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
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.
Park maintenance fee to be
paid per Agreement 96-81(1).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
S:\PROJECTS\MAINDIST~FORMULAS\ExhCOI.wpd
EXHIBIT "D"
CONSOLIDATED MAINTENANCE DISTRICT
PARK LANDSCAPING ZONE OF BENEFIT
Said assessment is made in accordance with the benefit formula attached hereto.
2001-2002
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
$967,402.00
($10,873.00
$656,529.00
$300,000.00
G:\PROJECTS\MARIAN\MAINDIST~EXHIBITD\CONSOL98 WB2
, ~F~IGINALEXHIBIT "D"
EXHIBIT "E"
ASSESSMENT ROLL
CONSOLIDATED MAINTENANCE DISTRICT
FISCAL YEAR 2001-2002
The assessment roll is on file in the City Clerk's Office
S:\PROJECTS\MAIN DIST~Exhibit ~ExhE01 Ref.wpd
L~RIGIN~L
IgC-END
STREETSCAPEJMEDIAN
ZONE OF BENEFIT
PARK ZONE OF BENEFIT
MAP
AND ASSESSMENT DIAGRAM
CONSOLIDATED
BAKERSFIELD,
FISCAL YE~ R
FOR
MAINTENANCE DISTRICT
CALIFORNIA
2001 - 2002
N.T.S.
T. B8S.
FILED FOR RECORD THIS -- OAY OF
20 , AT ,M, IN BOOK -- AT PAGES --
THROUGH OF MAPS OF AsseSSMENT AND COMMUNITY FACILITIES
DISTRICTS AT PAGe IN TRE OFFICE OF THE COUN]~' RECORDER
OF THE COUN~' OF KERN. STATS OF CAUFORNIA.
JAMES W. MAPLES
COUNTY ASSESSOR-RECORDER
BY
DEPUTY RECORDER
FILED IN THE OFFICE OF THE CITY CLERK THIS --
OF 20__.
DAY
RECORDED IN THE OFFICE Of THE DEPAR]MENT OF PUBLIC WORKS
THIS__DAY OF , 20__,
THE CITY COUNCIL 8Y RESOLUTION COMBINED THE INDIVIDUAL MAINTENANCE
DISTRICTS INTO THE CONSOUDA]ED MAINTENANCE DISTRICT, ON THE
DAY OF 20~ AND AMENDED THE CONSOLIDATED MAINTENANCE
DISTRICT ON THE DAY OF 20~ SAID MAP AND
ASSESSMENT DIAGRAM WERE RECORDED IN THE OFFICE OF ME DEPARTMENT
OF PUBLIC WORKS OF SAID CITY ON THE DAY
OF , 20 .
CITY CLERK OF THE CITY Of
BAKERSFIELD, CALIFORNIA
CiTY CLERK OF THE CITY OF DIRECTOR OF PUBLIC WORKS OF THE £XHIBI-- ~- "~:~w"
BAKERSFIELD, CAUFORNIA CITY OF BAKERSFIELD, CALIFORNIA
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 17th day of May ,2001 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1241 .passed by the Bakersfield City Council at a meeting held on the
16th day of May 2001, and entitled:
RESOLUTION OF INTENTION NO. 1241 PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING PUBLIC
WORKS DIRECTOR'S REPORT FORTHE CONSOLIDATED
MAINTENANCE DISTRICT AND FOR THE 2001-2002
BUDGET; SETTING TIME AND PLACE FOR HEARING
PROTESTS ON THE AMOUNT OF PARK LANDSCAPING
ASSESSMENTS TO BE LEVIED THROUGHOUT THE
CONSOLIDATED MAINTENANCE DISTRICT. (ALL WARDS)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
BY ~L
Deputy City Clerk
S:\Document\FORMS~AOP. ROI.wpd
May 17, 2001