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Home My WebLink AboutRES NO 064-01RESOLUTION NO. 0 6~ = 0 ]. A RESOLUTION TO INCREASE ASSESSMENTS FOR A PORTION OF AREA 2-01 (VINEYARDS) WITHIN THE CONSOLIDATED MAINTENANCE DISTRICT, CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR AND TERMINATING AGREEMENT NO. 93-132. (WARD 5) WHEREAS, On July 7, 1993, the City of Bakersfield ("City") and Vineyards Community Association, Inc., ("Association") entered into Agreement No. 93-132, delegating maintenance responsibilities for certain landscape areas to the Association in exchange for reduced maintenance district assessments; and, WHEREAS, City has received a letter from Association requesting that this agreement be terminated; and, WHEREAS, termination of the agreement would require an increase in assessments to the parcels within the Association; and, WHEREAS, Proposition 218 requires that any increase in assessments requires a vote of the owners of the affected parcels; and, WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1238, adopted Mamh 14, 2001 declared its intention to increase assessments for parcels within that portion of Area 2-01 of the Consolidated Maintenance District, known as the Vineyards, preliminarily confirmed and approved the Public Works Director's Report and the amount of assessment to be levied against each parcel as shown and designated on that certain map entitled Map and Assessment Diagram for Increased Assessments, Area 2-01 (Vineyards), Within the Consolidated Maintenance District, Bakersfield, California; and, WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a description of property and increased assessments; and, WHEREAS, the City of Bakersfield has provided notices and sent ballots to each property owner of record within that portion of Area 2-01 of the Consolidated Maintenance District, known as the Vineyards, in compliance with Proposition 218, the Brown Act and the Bakersfield Municipal Code concerning the increase in assessments. 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. This Council finds and determines that, for purposes of the majority protest provisions of Section 53753 of the California Government Code, the assessment ballots signed and returned to the City Clerk prior to the close of the public hearing on May 16, 2001 do not constitute a majority protest. 3. The council hereby increases the annual assessments of those parcels within that portion of Area 2-01 of the Consolidated Maintenance District, known as the Vineyards to $57.14 per parcel, and confirms and adopts the Public Works Directors Report (attached hereto as Exhibit 1 and incorporated herein by reference). 4. The Council hereby terminates Agreement No. 93-132, dated July 7, 1993, between the City of Bakersfield and Vineyards Community Association, Inc., effective July 1,2001. assessments. The Kern County Tax Collector is hereby authorized to collect such -o0o- -2- 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' ! I~ ZOOl, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HA~, SULLIVAN, SALVAGGIO COUNCILMEMBER__ COUNCILMEMBER_ ,,~,¢1~,~,, COUNCILMEMBER CITY CLERK and Ex Officio CI~j~ of the Council of the City of Bakersfield APPROVED MAY 1 MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\PROJECTS\MAINDIST\ESTAB\Vineyardlncr01 .wpd Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT INCREASE ASSESSMENTS Portion of Area 2-01 (Vineyards) Fiscal Year 2001-2002 That portion of Area 2-01 (Parkside Village), known as Vineyards, is a part of the Consolidated Maintenance District, and is generally described as an area bounded by Kroll Way on the north, Gosford Road on the east, Camino Media on the south, and a line 1040 feet west of Gosford Road on the west, and 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 increased assessments of and upon all parcels of property within the area described above for the cost of maintaining street and median landscaping improvements, The improvements generally include, but are not limited to, plant forms, irrigation system pipes, conduits, water mains and/or sprinkler systems therefore, planting, including turf, shrubs, ground covers and trees now existing or hereafter to be installed 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. On July 7, 1993 the City of Bakersfield and Vineyards Community Association, Inc., entered into Agreement No. 93-132 delegating a portion of maintenance responsibilities for street landscape areas to the Association in exchange for reduced maintenance district assessments. These areas are along the south side of Kroll Way, west side of Gosford Road and north side of Camino Media, adjacent to the Vineyards. On August 24, 2000, the Association requested that this agreement be terminated and the previously delegated maintenance responsibilities be returned to the City. In order for the City to terminate the agreement and assume maintenance responsibilities, assessments must be increased. Proposition 218 requires a vote of the affected property owners before assessments can be increased. Assessments within this area will increase from the current $11.54 (tier 0.5 for median landscaping only) to $57.14 (tier 2.5 for median and extra wide street landscaping) per single family residence. Increased assessments will be assessed beginning with the 2001-2002 fiscal year as set forth in Exhibit "E". Public street and median landscaping benefits all the lots or parcels and is assessed - 3_ - EXHIBIT "1" 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, JACQUES R. LAROCHELLE, Interim 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 2001-2002 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 that portion of Area 2-01, (Parkside Village) known as Vineyards, subject to be assessed to pay the cost of maintenance and operation in said area. Dated: JACQUES R. LAROCHELLE Interim Director of Public Works City of Bakersfield -2- EXHIBIT "1" LEGAL DESCRIPTION Portion of Area 2-01 (Vineyards) A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 5, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows: Beginning at a point on the east line of said Section 5 being the intersection of the centerlines of Gosford Road and Kroll Way; THENCE (1) Southerly along said east line and centerline a distance of 1980 feet; more or less, to intersect the centerline of Camino Media; THENCE (2) Westerly along said centedine of Camino Media, through various courses, a distance of 1200 feet, more or less, to intersect the southerly prolongation of Lot 11 of Tract No. 4568, Unit 4;. THENCE (3) Northerly, along said west line and southerly prolongation thereof, and the west line of Tract No. 4568 Unit 4, Tract No. 4568 Unit 1 and Tract No. 4568 Unit 2 and northerly prolongation thereof to intersect the centerline of Kroll Way; THENCE (4) Easterly, along said centerline of Kroll Way, through various courses, a distance of 1050 feet, more or less, to intersect the centerline of Gosford Road and the TRUE POINT OF BEGINNING. EXHIBIT "A" S:\p rojects\MAI N DIST\LE GALS\Legal2-01Vine.wpd MAP AND ASSESSMENT DIAGRAM FOR INCREASED ASSESSMENTS, AREA 2-01 (VINEYARDS), WITHIN THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA <( Z 0 OISTRIC~ 80UNOARY Z Z C NOT TO SCALE BY 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 H BIT: C Page 'J! '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. 1/acre Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.71/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. Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use 6/acre 0.71/unit 1.00/unit Rounded to nearest .01 Each calculated per the above. EXHIBIT "C" P~ge 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 (1-04) Undeveloped R-1 zoned 5 acres or more. Parkside Villaqe ('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 ExHiBIT "C" Page 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\ExhC01.wpd ExHiBIT "C" Page 4 of 4 EXHIBIT "D" PORTION OF MAINT DIST AREA 2-01 (VINEYARDS) 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 $12,970.78 $0.00 $o.oo $12,970.78 S/PRO J ECTS\MAINDIS~EXHIBITD/MDPor2 O1VineD WB2 EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 2-01 (VINEYARDS) FISCAL YEAR 2001-2002 Assessment Parcel No. as shown on Map Exhibit "B" Total amount to be collected for FY 2001-2002 38907001008 $57.14 38907002001 $57.14 38907003004 $57.14 38907004007 $57.14 38907005000 $57.14 38907006003 $57.14 38907007006 $57.14 38907008009 $57.14 38907009002 $57.14 38907010004 $57.14 38907011007 $57.14 38907012000 $57.14 38907013003 $57.14 38907014006 $57.14 38907015009 $57.14 38907016002 $57.14 38907017005 $57.14 38907018008 $57.14 38907019001 $57.14 38907020003 $57.14 38907021006 $57.14 38907022009 $57.14 38907023002 $57.14 38907024005 $57.14 38907025008 $57.14 38907026001 $57.14 38907027004 $57.14 38907028007 $57.14 38907029000 $57.14 38907030002 $57.14 38907031005 $57.14 38908001001 $57.14 38908002004 $57.14 38908003007 $57.14 38908004000 $57.14 38908005003 $57.14 38908006006 $57.14 38908007009 $57.14 38908008002 $57.14 38908009005 $57.14 MD2-01Vineyard.wb3 Page 1 EXHIBIT "E" 38908010007 38908011000 38908012003 38908013006 38908014009 38908015002 38908016005 38908017008 38908018001 38908019004 38908020006 38908021009 38908022002 38909201008 38909202001 38909203004 38909204007 38909205000 38909206003 38909207006 38909208009 38909209002 38909210004 38909211007 38909212000 38909213003 38909214006 389O9215OO9 38909216002 38909217005 389O92180O8 38909219001 38909220003 38909221006 38909227004 389O9228O07 38909229000 38909230002 38909231005 38910006001 3891O007004 38910008007 38910009000 38910010002 38910011005 38910012008 38910013001 38910014004 38910015007 38910016000 38910017003 38910018006 38910019009 38910020001 38910021004 MD2-01Vineyard.wb3 Page 2 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57,14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 EXHIBIT "E" 38910022007 38910023000 38910024003 38910025006 38910026009 38910027002 38910028005 38910029008 38910030000 38910031003 38910032006 38910033009 38910034002 38910035005 38910O360O8 38910037001 38910038004 38910039007 38910040009 38910041002 38910042005 38910043008 38910044001 38910045004 38910046007 38910047000 38910048003 38910049006 38910050008 38910051001 38910052004 38910053007 38910054000 38910055003 38910056006 38910057009 38910058002 389100590O5 38910060007 38910061000 38910062003 38910066005 38910067008 38910068001 38910069004 38910070006 38928101006 38928102009 38928103002 38928104005 38928105008 38928106001 38928107004 38928108007 38928109000 MD2-01Vineyard.wb3 Page 3 $57.14 $57.14 $57.14 $57.14 $57.14 $57,14 $57.14 $57,14 $57,14 $57,14 $57,14 $57,14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57,14 $57.14 $57.14 $57,14 $57.14 $57.14 $57.14 $57.14 $57.14 $57,14 $57,14 $57,14 $57,14 $57.14 $57.14 $57.14 $57.14 $57.14 $57,14 $57,14 $57.14 $57.14 EXHIBIT "E" 38928110002 38928111005 38928112008 38928113001 38928114004 38928115007 38928116000 38928117003 38928118006 38928119009 38928120001 38928121004 38928122007 38928123000 38928124003 38928125006 38928126009 38929101009 38929102002 38929103005 38929104008 38929105001 38929106004 38929107007 389291O8O00 38929109003 38929110005 38929111008 38929113004 38929114007 38929116003 38929117006 38929118009 38929119002 38929121007 38929122000 38929123003 38929124006 38929125009 38929126002 38929127005 38929128008 389292O1O06 38929202009 38929203002 38929204005 38929205008 38929206001 389292O7OO4 38929208007 38929209000 38929210002 38929212008 38929213001 38929214004 M D2-01 Vineyard.wb3 Page 4 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57,14 $57,14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $87.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 -:EXHIBIT "E" 38929215007 38929216000 38929217003 38929219009 38929220001 38929221004 38929222007 38929223000 38929224003 38929225006 38929227002 38929228005 38929229008 38929230000 38929231003 38929232006 38929233009 38929234002 38929235005 38929238004 38929239007 38929240009 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 $57.14 '$12,970.78 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield MD2-01Vineyard.wb3 Page 5 :i! EXHIBIT "E"