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Home My WebLink AboutROI NO 1286RESOLUTION OF INTENTION NO. 1286 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-25 (WALL STREET), 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 a 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 City has installed potted trees, street lights, bollard lights and public trash cans in Wall Street between Chester Avenue and Eye Street; and WHEREAS, 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 4-25 (Wall Street), to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including trees, lighting and trash cans; and WHEREAS, the Public Works Director has on this date filed with the City Clerk 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 13.04.120 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E". 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 4-25, Wall Street) benefiting 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 4-25, Wall Street) 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 Tier 2 zone of benefit and is assessed an amount not to exceed $50.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per year. -o0o- 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 JAN ] 5 2083 , by the following vote: AYES NOES: ABSTAIN ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COLJNCILMEMBER COtJNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JAN 1 5 ?¢83 MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:\PROJ ECTS\MAINDIS T\ROl\MD4-25ri.wpd Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" 3 City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-25 (WALL STREET) Fiscal Year 2002-2003 Area 4-25 (Wall Street), which is an addition of territory to the Consolidated Maintenance District, is generally described as an area bounded by 19th Street on the north, Chester Avenue on the east, 18th Street on the south, and Eye Street 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 assessment of and upon all parcels of property within the area for the cost of maintaining street landscaping and lighting improvements. The improvements generally include, but are not limited to, trees, lights and trash cans, 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 the cost of all maintenance and operation of 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 4-25 (Wall Street) is being added to the Consolidated Maintenance District for the maintenance of street landscaping and lighting. The area will be assigned the appropriate street tier in the Consolidated Maintenance District. Each parcel will be assessed based on an Equivalent Dwelling Unit basis. EXHIBIT "1" All parcels within this additional territory shall be assessed an amount not to exceed $50.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. Street tier 2 assessments will be assessed at the amounts set forth in Exhibit The area will consist of nonresidential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping and lighting are aesthetic enhancement and open space enjoyment. Public street landscaping and lighting 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 2002-2003 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 area (Area 4-25, Wall Street), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield Area 4-25 LEGAL DESCRIPTION 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 28 E, M. D. B. & M., and more particularly described as follows: Beginning at the intersection of the east right of way line of Eye Street (82.5' width) and the north right of way line of the Wall Street alley (City of Bakersfield block 245; 33' width); THENCE (1) East, along said north right of way line, a distance of 75.00 feet; THENCE (2) South, a distance of 93.00 feet; THENCE (3) West, a distance of 30.00 feet; THENCE (4) North, a distance of 35.00 feet; THENCE (5) West, a distance of 45.00 feet, to a point on the east right of way line of said Eye Street; THENCE (6) North, along said east right of way line, a distance of 58.00 feet, to the TRUE POINT OF BEGINNING S:\PROJECTS\MAINDIST\LEGALS\Lega14-25 DOC EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY (AREA 4-25, WALL STREET ) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA F-- W W F-- ~9 W >- W 19 TH STREET WALL 245 STREET W Z W W W I 18TF~EET DISTRICT BOUNDARY 8Y EXHIBIT 'B' 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 (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 Note: Since Proposition 218 was passed in November 1996, assessment rates have been frozen at the 1996-1997 level. EXHIBIT "C" Page 1 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. EXHIBIT "C" Page 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 Villa~le (2-017 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) Q58/unit Non Residential (Castle & Cooke) 24.26 Non Residential (Parkside Partners) 7.56 Brimhall & Verduqo (1-09) Seven Oaks, North (2-117 & South (2-207 Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue (1-077 Stockdale, California NE (1-187 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) Wall Street (4-25) Stockdale, Calloway (1-15) Coffee, Gosford (2-15) EDU 3 0.71/unit 6/acre REMARKS Per parcel Shall be charged at R-3 rate, 12 units/Acre, 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:\PROJ ECTS\MAIN DIST\ExhibitC\ExhC02Amend doc 11-26-02 EXHIBIT "C" ' Page 4 of 4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 4-25 Said assessment is made in accordance with the benefit formula attached hereto. 2002-2003 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0~00 EXHIBIT "D" EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-25 Assessor's Parcel No. as shown on Map Exhibit "B" 006-012-11-00-1 006-012-12-00-4 ASSESSMENT ROLL FISCAL YEAR 2002-2003 Total amount to be collected for FY 2002-2003 $0.00 $0.00 Total amount to be collected for FY 2003-2004 $16.56 $8.34 Total $0,00 $24.90 Date: City Clerk and Ex Offioio Clerk of the Council of the City of Bakersfield EXHIBIT "E" 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 16th day of January ,2003 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1286 passed by the Bakersfield City Council at a meeting held on the 15th day of January 2003, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-25 (WALL STREET), 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. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield Dep~ly..Oity'Clerl(:~ ~ i~' ~