HomeMy WebLinkAboutROI NO 1259RESOLUTION OF INTENTION NO. 1259
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-15 (MCKEE, RACINE), 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 3-15 (McKee, Racine), 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
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(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 5632, 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.
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 3-15, McKee, Racine), 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", entitled
"Map and Assessment Diagram for Addition of Territory, Area 3-15 (McKee, Racine)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 Landscape
and Park Zones of benefit and is assessed an amount not to exceed $125.00 per
equivalent dwelling unit per year.
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0H~GINAL
by the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
Council of the City of Bakersfield at a regular meeting thereof held on
NOV 1 4 ?~1 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER CARSON, BENHAM, MAGGARO, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~¢~,~*~
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offici~Clerk of the
Council of the City of Bake~field
APPROVED
NOV l& Z001
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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Attachments:
Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-15 (MCKEE, RACINE)
Fiscal Year 2001-2002
Addition of territory, Area 3-15 (McKee, Racine) to the Consolidated
Maintenance District is generally described as an area bounded by McKee Road on the
north, a line 1/4 mile west of Wible Road on the east, a line 600 feet south of McKee Road
on the south, and a line 660 feet east of Akers Road 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 3-15 (McKee, Racine) is being added to the
Consolidated Maintenance District for the maintenance of a park and public street median
and other street landscaping. The area will be assigned appropriate park and street tiers
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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 park and/or street landscaping have been
installed. When park and/or street landscape improvements have been completed, the
appropriate park and street tier levels will be assigned, but in no case shall the
assessments exceed $125 per equivalent dwelling unit.
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, 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 3-15
(McKee, Racine), subject to be assessed to pay the cost of maintenance and operation in
said area.
Dated:
PAUL M. ROJAS
Director of Public Works
City of Bakersfield
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OH~G1NAI.
Area 3-15
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 35, T 30 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Commencing at the east quarter corner of said Section 35, also being the
intersection of centerlines of Wible Road and McKee Road, thence North 89° 04'
51" West along the mid section line of said Section 35 and centerline of McKee
Road a distance of 1321.45 feet, to intersect the centerline of Racine Avenue and
the TRUE POINT OF BEGINNING;
THENCE (1) South 00° 35' 34" West, a distance of 587.00 feet;
THENCE (2) North 89° 04' 51" West, a distance of 500.59 feet;
THENCE (3) South O0° 35' 34" West, a distance of 13.00 feet;
THENCE (4) North 89° 04' 51" West, a distance of 160.10 feet;
THENCE (5) North 00 ° 35' 23" East, a distance of 600.00 feet, to intersect the mid
section line of said Section 35 and centerline of McKee Road;
THENCE (6) South 89° 04' 51" East, along said mid section line and centerline, a
distance of 660.72 feet, to the TRUE POINT OF BEGINNING.
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EXHIBIT"A"
OR;GINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-15, MCKEE, RACINE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
E1/4- SEC.
55, T505
S 89'04'51" E 660.72' R27E
~(E MCKEE ROAD Ud 132
7 6 5 4 5 2 1 LJ_I
Z
KATHY SUZANNE WAY <
12 <{ 34 35 36 37 38 59 40 41 o r~
~_ 33 32 3~ 3O 29
14 OD
~5 ~ MOUNT CELESTE
~8 1~ 20 2~ 22 2
~7
N 89'04'51" W W ,~a,~.~0.59'
/
160.10' S 00'35'54" W '~'~9ISTRICT BOUNDARY
13.00'
¢5'
51" W
BY
CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each pamel 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
EXHiBi~:~,C,,'~
Page~of 4~,-
O~GI~AL
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.
EXHIBIT~(~''
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Page
OR~OINAL
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 & Verduqo (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 pamel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBIT_,:<~"
Page 3~f4
USE EDU REMARKS
Union Avenue(4-07)
Non Residential
3
Per parcel
Silvercreek (3-04)
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 (4-11 & 4-16)
6/acre
Area for each parcel is based
50% on lot area and 50% on
building area.
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
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.
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EXHIBIT ~"
Page 4 ~ 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 3-15
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 Balancel(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 3-15
FISCAL YEAR 2001-2002
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 2001-2002
514-020-05-00-7
$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 15th day of November ,2001 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1259 passed by the Bakersfield City Council at a meeting held on the
14th day of November 200!, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-15 (MCKEE, RACINE), TO THE
CONSLIDATED 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 AMOUND OF ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
Deput~ city Clerk '~'""'--~
OR1GINAL