HomeMy WebLinkAboutRES NO 077-02RESOLUTION NO. 0 TT'0 2
A RESOLUTION ADDING TERRITORY, AREA 4-23 (KERN
CANYON ROAD), 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 3).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1271, adopted May 8, 2002, declared its intention
to add territory, Area 4-23 (Kern Canyon Road), to the Consolidated Maintenance District,
preliminarily confirmed and approved the Public Works Director's Report, 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 4-23 (Kern Canyon Road), as shown and designated on that certain map entitled
"Map and Assessment Diagram for Addition of Territory, Area 4-23 (Kern Canyon Road),
to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2001-
2002 on file 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 4-23 (Kern Canyon Road), 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 4-23 (Kern Canyon Road), 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
Director's Report.
3. Exhibits "A" and "B" describe the additional territory, Area 4-23 (Kern
Canyon Road).
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 park and/or street landscape
improvements have been installed. When park and/or street landscape improvements have
been completed, the appropriate park and street tiers will be assigned, but in no case shall
the assessments exceed $125 per equivalent dwelling unit. 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 2002-2003 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 perform 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.
.......... 000 ..........
-2-
ORIG]NA~
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~2
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGG[O
COUNCILMEMBER ~
COUNCILMEMBER h.~C.~V~P.,~
COUNCILMEMBER ~
CITY CLERK and Ex Officiojl~lerk of the
Council of the City of Bakersfi~d
MAY 2 2 2002
APPROVED:
HARVEY L. H ~
APPROVED as to form:
BART J. THILTGEN
City Attorney
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S\PROJ ECTS\MAIN DIST\ESTAB\MD4-23Est
-3-
~RIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-23 (KERN CANYON ROAD)
Fiscal Year 2001-2002
Addition of territory, Area 4-23 (Kern Canyon Road) to the Consolidated
Maintenance District is generally described as an area bounded by a line 3/4 mile south
of Highway 178 on the north, a line 1½ miles east of Morning Drive on the east, a line 1
mile south of Highway 178 on the south, and a line I mile east of Morning Drive 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 restreoms; 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 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 4-23 (Kern Canyon Road) 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
-~_- EXHIBIT "1"
~RIGINA~
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 tiers 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.
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, 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 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 4-23 (Kern
Canyon Road), subject to be assessed to pay the cost of maintenance and operation in
said area.
Dated:
RAUL M. RAJAS
Director of Public Works
City of Bakersfield
-2-
0RIGINA~
LEGAL DESCRIPTION
Area 4-23
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 20, T 29 S, R 29 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the southwest corner of said Section 20;
THENCE (1) North 00° 22' 27" East, along the west line of said Section 20, a
distance of 1321.03 feet;
THENCE (2) South 89° 32' 09" East, a distance of 2630.09 feet;
THENCE (3) South 00° 31' 34" West, a distance of 1320.32 feet, to the south 1/4
corner of said Section 20;
THENCE (4) North 89° 33' 05" West, along the south line of said Section 20, a
distance of 2626..59 feet, to the TRUE POINT OF BEGINNING.
S:\Project s\MAIN DIST\LEGALS\Lega14-23.wpd
EXHIBIT "A"
~RIGINA[
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-23, KERN CANYON ROAD) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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 '.~ ~'~ ~"~
Page l~f 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.
EXHIBIT "C~.~
Page 2 o~4
'gRI(~INAL
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, 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
Page 3 ~._ 4
'3~IGINAL
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\ExhibitC\ExhC01 .wpd
EXHIBIT '~,¢~+~¢.
~4
Page 4~{
ORiGINA
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-23
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
$0.00
$0.00
S:/PROJECTS\MAINDIST~EXHIBITD/MD4-23D.WB2
EXHIBIT "'D"
ORIGINAi
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 2-25
FISCAL YEAR 2001-2002
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 2001-2002
387-040-15-00-6
387-040-16-00-9
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
Page 1
ORIGINAL