HomeMy WebLinkAboutRES NO 009-03RESOLUTION NO. 0 0 9 ' 0 3
A RESOLUTION ADDING TERRITORY, AREA 4-24
(BAKER STREET), 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 2).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1284, adopted November 6, 2002, declared its
intention to add territory, Area 4-24 (Baker Street), 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 4-24 (Baker Street), as shown and designated on that certain
map entitled Map and Assessment Diagram for Additional Territory, Area 4-24 (Baker
Street), to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year
2002-2003 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 sent notices and ballots to each
property owner of record within the additional territory, Area 4-24 (Baker Street), in
compliance with the Proposition 218, the Brown Act and the Bakersfield Municipal Code
concerning the assessments for and inclusion in the Consolidated Maintenance District.
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. 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
January 15, 2003 do not constitute a majority protest.
3. The Council hereby adds territory, Area 4-24 (Baker Street), 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.
4. Exhibits "A" and "B" describe the additional territory, Area 4-24 (Baker
Street).
5. 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. However, parcels will not be assessed until street landscape and lighting
improvements have been installed. When street landscaping and lighting improvements
have been completed, tier 2 assessments will be assessed at the amounts set forth in
Exhibit "E".
6. The Kern County Tax Collector is hereby authorized to collect such
assessments.
7. Beginning in the 2003-2004 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.
8. 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 ..........
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 1 5 2003 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~,~
COUNClLMEMBER
COUNClLMEMBER
CITY CLERK and Ex Offircio Clerk of the
Council of the City of Bakersfield
JAN ] 5
APPROVED:
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S\PROJECTS\MAIN DIST\ESTAB\MD4-24Est
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-24 (BAKER STREET)
Fiscal Year 2002-2003
Area 4-24 (Baker Street), which is an addition of territory to the
Consolidated Maintenance District, is generally described as an area bounded by Niles
Street on the north, King Street on the east, Jackson Street on the south, and Kern
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, irrigation system, conduits, lights with banners 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 4-24 (Baker 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. However, parcels will not be assessed until street landscape and lighting
improvements have been installed. When street landscape and lighting improvements
have been completed, street tier 2 assessments will be assessed at the amounts set
forth in Exhibit "E".
The area will consist of 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 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
4-24, Baker Street), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
RAU L M./ROJA~'--
Director of Public Works
City of Bakersfield
LEGAL DESCRIPTION
Area 4-24
Note: For purposes of this description, Baker Street is assumed to bear north and
south.
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 29, T ;)9 S, R 28 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the southeast corner of block 73 of the Kern Division, also being the
intersection of the north right of way line of Jackson Street (80' width) and the
west right of way line of Baker Street (80' width);
THENCE (1) West, along said north right of way line, a distance of 83.33 feet;
THENCE (2) North, a distance of 170.00 feet, to a point on the north right of way
line of the alley in said block 73;
THENCE (3) West, along said north right of way line, a distance of 16.67 feet;
THENCE (4) North, a distance of 230.00 feet to a point on the south line of block
56 of said Kern Division, also being a point on the north right of way line of
Kentucky Street (80' width);
THENCE (5) West along said right of way line a distance of 25.00 feet;
THENCE (6) North a distance of 170.00 feet, to a point on the north right of way
line of the alley in said block 56;
THENCE (7) West, along said north right of way, a distance of 150.00 feet;
THENCE (8) North, a distance of 150.00 feet to a point on the north line of said
block 56, also being a point on the south right of way line of Lake Street (80'
width);
THENCE (9) East, along said south right of way line, a distance of 165.00 feet;
THENCE (10) North, a distance of 230.00 feet, to a point on the south right of
way line of the alley in block 41 of said Kern Division;
THENCE (11) East, along said south right of way line, a distance of 10.00 feet;
EXHIBIT "A"
THENCE (12) North, a distance of 250.00 feet, to a point on the south line of
block 24 of said Kern Division, also being a point of the north right of way line of
Monterey street;
THENCE (13) West, along said north right of way line, a distance of 25.00 feet;
THENCE (14) North, a distance of 150.00 feet, to a point on the south right of
way line of the alley in said block 24;
THENCE (15) East, along said south right of way line, a distance of 25.00 feet;
THENCE (16) North, a distance of 170.00 feet, to a point on the north line of said
block 24, also being a point on the south right of way line of Niles Street (80'
width);
THENCE (17) East, along said right of way line, a distance of 280.00 feet;
THENCE (18) South, a distance of 170.00 feet, to a point on the south right of
way line of the alley in block 25 of said Kern Division;
THENCE (19) East, along said south right of way line, a distance of 300.00 feet,
to the northeast corner of said block 25, also being a point on the west right of
way line of King Street (80' width);
THENCE (20) South, along said west right of way line, a distance of 150.00 feet,
to southeast corner of said block 25, also being the north right of way line of
Monterey Street;
THENCE (21) West, along said north right of way line, a distance of 200.00 feet;
THENCE (22) South, a distance of 230.00 feet, to a point on the north right of
way line of the alley in block 40 of said Kern Division;
THENCE (23) West, along said north right of way line, a distance of 100.00 feet;
THENCE (24) South, a distance of 170.00 feet, to a point on the south line of
said block 40, also being the north right of way line of Lake Street (width 80');
THENCE (25)
THENCE (26)
THENCE (27)
THENCE
West, along said north right of way line, a distance of 25.00 feet;
South, a distance of 150.00 feet;
East, a distance of 25.00 feet;
(28) South, a distance of 161.33 feet;
THENCE (29) West, a distance of 50.00 feet;
THENCE (30) South, a distance of 88.67 feet, to a point on the south line of
block 57 of said Kern Division, also being the north right of way line of Kentucky
Street;
THENCE (31) East, along said north right of way line, a distance of 50.00 feet;
THENCE (32) South, a distance of 250.00 feet, to a point on the south right of
way line of the alley of block 72 of said Kern Division;
THENCE (33) West, along said south right of way line, a distance of 25.00 feet;
THENCE (34) South, a distance of 150.00 feet, to a point on the south line of
said block 72, also being the north right of way line of Jackson Street;
THENCE (35) West, along said north right of way line, a distance of 155.00 feet,
to the southeast corner of said block 73 and the TRUE POINT OF BEGINNING.
S'\PROJ ECTS\MAINDIST\LEGALS\Lega14-24 DOC
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY i
(AREA 4-24 BAKER STREET) TO THE
CONSOLIDATED MAII~rENANCE DISTRICT
BAKERSFIELD, CALIFORNIA ~
NOI TO SCALE
STRICT BDUNDARY
/
BY
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 pamels 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
EXHIBIT "C"
Page I 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
Agricultural Zone
Single Family (Detached)
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
less than 5 acres.
Multi-Family (Attached)
Undeveloped R-2, R-3
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
1/acre
0.71/unit
0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
6/acre
0.71/unit
1.00/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.
Rounded to nearest .01
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 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, 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)
Baker Street (4-24)
Stockdale, Callowa¥ (1-15)
Coffee, Gosford (2-15)
EDU
3
0.71/unit
6/acre
REMARKS
Per parcel
Shall be charged at R-3
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).
12 units/A(
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
S:\PROJECTS\MAINDIST\ExhibitC\ExhC02 wpd
EXHIBIT "C"
Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-24
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 4-24
Assessor's Parcel
as shown on Map
Exhibit "B"
014-090-06-00-6
014-090-07-00-9
014-090-08-00-2
014-100-01-00-3
014-100-02-00-6
014-100-03-00-9
014-100-16-00-7
014-130-20-00-7
014-130-25-00-2
014-130-26-00-5
014-140-07-00-3
014-140-08-00-6
014-140-09-00-9
014-270-06-00-8
014-270-07-00-1
014-270-15-00-4
014-280-01-00-6
014-280-02-00-9
014-280-03-00-2
014-280-16-00-0
014-280-17-00-3
014-280-18-00-6
014-310-01-00-4
014-310-02-00-7
014-310-16-00-8
014-310-17-00-1
014-310-18-00-4
014-310-19-00-7
014-320-07-01-4
014-320-07-02-3
014-320-08-00-8
014-320-09-00-1
014-320-10-00-3
014-320-23-00-1
Total
No.
ASSESSMENT ROLL
FISCAL YEAR 2002-2003
Total amount to
be collected for
FY 2002-2003
$0.00
$o.oo
$o.oo
$o,oo
$0.00
$o.oo
$0.00
$o.oo
$o.oo
$o.oo
$0.00
$0.00
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$0.00
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$0.00
Total amount to
be collected for
FY 2003-2004
$35.70
$27.50
$117.78
$28.86
$22.02
$16.56
$232.70
$34.34
$39.82
$117.78
$75.38
$72.64
$31.60
$46.66
$35.70
$130.10
$37.O8
$11.08
$11.08
$15.18
$19.30
$16.56
$60.34
$38.44
$19.30
$19.30
$11.08
$32.98
$14.50
$14.50
$2O.66
$22.02
$17,92
$86.32
$1,532.78
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT"E"