The URL can be used to link to this page

Home My WebLink AboutROI NO 1255RESOLUTION OF INTENTION NO. 1255 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-26 (BRIMHALL, JEWETTA NE), 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(s) 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 1-26 (Brimhall, Jewetta NE), 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 "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; and -1- OH1GINAL (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(s) of the property described in Tract No. 6057, 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(s) 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: 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 1-26, Brimhall, Jewetta NE), 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 1-26 (Brimhall, Jewetta NE) 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 Landscaping Zone of benefit and is assessed an amount not to exceed $125.00 per equivalent dwelling unit per year. -oOo- OFilGINAL 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 OCT 2 ~ Z0Ol ., by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~--~'~-~ COUNCILMEMBER ~ COUNCILMEMBER ~-~'~-~ ~ CITY CLERK and Ex Officiq/~lerk of the Council of the City of BakerSfield APPROVED OCT 2 4. ~.001 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\PROJECTS\MAINDIST~ROI\MD1-26ri01.wpd Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" -3- OHigINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-26 (BRIMHALL, JEWETTA NE) Fiscal Year 2001-2002 Addition of territory, Area 1-26 (Brimhall, Jewetta NE) to the Consolidated Maintenance District is generally described as an area bounded by a line 330 feet north of Brimhall Road on the north, a line 1/4 mile east of Jewetta Avenue on the east, Brimhall Road on the south and Jewetta Avenue 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 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 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 1-26 (Brimhall, Jewetta NE) 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 amount as other parcels receiving a similar benefit. -~- EXHIBIT "1" ORI,GINAL 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 street landscaping has been installed. When street landscape improvements have been completed, the appropriate street tier will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The area will consist of residential and nonresidential 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, PAUL 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 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 additional territory, Area 1-26 (Brimhall, Jewetta NE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: //4¢.' t/ 9/ /Of' Director of Public Works City of Bakersfield -2- OH~glNAL LEGAL DESCRIPTION Area 1-26 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 30, T 29 S, R 27 E, M. D. B. & M., and more particularly described as follows: Beginning at the southwest corner of said Section 30, being the intersection of centerlines of Brimhall Road and Jewetta Avenue; THENCE (1) North 00° 48' 26" East, along the west line of said Section 30 and centerline of Jewetta Avenue, a distance of 329.96 feet; THENCE (2) South 89° 07' 15" East, a distance of 1309.96 feet; THENCE (3) South 00° 52' 08" West, a distance of 330.09 feet, to intersect the south line of said Section 30 also being the centerline of Brimhall Road; THENCE (4) North 89° 06' 55" West, along said south line and centerline, a distance of 1309.61 feet, to the southwest corner.of said Section 30 and the TRUE POINT OF BEGINNING. S:\PROJECTS\MAINDIST\LEGALS\LegaI1-26.wpd EXHIBIT "A" ORIGINAL MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-26, BRIMHALL, JEWETTA NE) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~ NOT TO SCALE BOUNDARY TRACT NO. 6057 Ii i PHASE B ~HASE A BRIMHALL ROAD 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 pamel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each pamel 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 tierlevel, 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 EXHIBI'~JC';" ~ Page 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. Page2~f4'' ~ OR1SINAL 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 & Verdu.qo (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, Villaqe 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"~¢~lOi~AL USE EDU REMARKS Union Avenue(4-07) Non Residential Silvercreek (3-04) 370-022-04 Chester Avenue (4-11 & 4-16) Stockdale, Callowa¥ (1-15) Coffee, Gosford (2-15) 3 0.71/unit 12 units/Acre 6/acre 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\FORMU LAS\ExhC01 .wpd EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-26 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 $0.00 $0.00 $o.oo $0.00 S:/PROJECTS/MAINDIST~EXHIBITD/M D 1-26D WB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-26 FISCAL YEAR 2001-2002 Assessment Parcel No. as shown on Map Exhibit "B" 110-130-09-00-7 Total amount to be collected for FY 2001-2002 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield $/MAINDISI~EXHIBITE/MD1 26E WB3 EXHIBIT "E" Page 1 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 25th day of October ,2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1255 .passed by the Bakersfield City Council at a meeting held on the 24th day of October 2001, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-26 (BRIMHALL, JEWETTA NE), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OFTHE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUND OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield B Dep;~/C~ty Clerk ~