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Home My WebLink AboutRES NO 014-03RESOLUTION NO. 0 I 4 ' 0 3 A RESOLUTION ADDING TERRITORY, AREA 4-25 (WALL 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. 1286, adopted January 15, 2003, declared its intention to add territory, Area 4-25 (Wall 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 4-25 (Wall Street), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-25 (Wall 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 received letters from the property owners within the additional territory, Area 4-25 (Wall Street), 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 owners also have submitted Proposition 218 Ballots (Official Assessment Ballot) indicating their 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 4-25 (Wall 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. 3. Exhibits "A" and "B" describe the additional territory, Area 4-25 (Wall Street). 4. 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. 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 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. 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 .......... 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 29 Z003 , by the following vote: AYES: NOES: ABSTAtN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULtlVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER COUNClLMEMBER t*~,,~o, CITY CLERK and Ex Officio C~rk Council of the City of Bakersfiel[t of the APPROVED: JAN 29 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 25Est 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, RAUL M. ROJAS Director of Public Works City of Bakersfield LEGAL DESCRIPTION Area 4-25 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\MAIN DIST\LEGALS\Lega14-25 DOC EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-25, WALL STREET ) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA W W W W 19 TH STREET WALL 245 STREET 18TH STREET W Z W W W DISTRICT BOUNDARY 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) = S x a x t 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 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 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 Villa,qe (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 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 EDU 3 0.71/unit REMARKS Per parcel Shall be charged at R-3 rate, 12 units/Acre, as per GPA Resolution No. 22-94 Chester Avenue (4-11 & 4-16) Wall Street (4-25) Stockdale, Calloway (1-15) Coffee, Gosford (2-15) 6/acre 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\MAIN DIST\ExhibitC\ExhC02Amend.doc 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 Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" June 27,2002 City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attn: Marian P. Shaw Subject: Inclusion of 1814 Eye Street, APN: (006-012-12) in a Maintenance District Ladies/Gentlemen: I(we), the undersigned, as owner(s) of the above described property request that the property be included within the Consolidated Maintenance District. I(we) waive my(our) right to any and all heatings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of or inclusion in a maintenance district. I(we) have signed and am(are) returning the enclosed Proposition 218 ballot (Official Assessment Ballot) indicating my(our) consent to the assessments. Very truly yours, George Wahee~l Property Owner, 1814 Eye Street 4 Curran Street Bakersfield, CA 93309 P:\Wall Street Alley\Reqst&WvWallSt Waheed Ltr ,wpd CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which parcel(s) is proposed to be included in the City of Bakersfield Consolidated Maintenance District (hereinafter CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. In order to be counted, this assessment ballot must be signed below by an owner or, if the owner is not an individual, by an authorized representative of the owner. TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE OFFICIAL ASSESSMENT BALLOT Property description APN 006-012-12-00-4, (1814 Eye Street) Individual annual assessments shall not exceed $10.00 per parcel. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described Property within the Consolidated Maintenance District and levy an annual assessment not to exceed the amount set forth above? Yes No Date t~/'/~.. ~.-. (~ ~ ,200 / Owner Signature ,'~ r~ .~4~'~ C:\Documents and Settings~dbarnes\Local Settings\Temp\GWViewerXWalIStl2.wpd July 2, 2002 City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attn: Marian P. Shaw Subject: Inclusion of Gutherie's Alley Cat, 1525 Wall Street, APN 006-012-11 in a Maintenance District Ladies/Gentlemen: I(we), the undersigned, as owner(s) of the above described property request that the property be included within the Consolidated Maintenance District. I(we) waive my(our) right to any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of or inclusion in a maintenance district. I(we) have signed and am(are) returning the enclosed Proposition 218 ballot (Official Assessment Ballot) indicating my(our) consent to the assessments. Gutherie's Alley Cat, Business and Property Owner 1525 Wall Street Bakersfield CA 93301 P:\Wall Street Alley\Reqst&WvWallSt Alley Cat Ltr.wpd CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which parcel(s) is proposed to be included in the City of Bakersfield Consolidated Maintenance District (hereinafter CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. In order to be counted, this assessment ballot must be signed below by an owner or, if the owner is not an individual, by an authorized representative of the owner. TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE OFFICIAL ASSESSMENT BALLOT Owner ~L~ ~ ~.T~ ~. ~x~_~ Property description APN 006-012-11-00-1, (1525 Wall Street Alley) Individual annual assessments shall not exceed $ 20.00 per parcel. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described Property within the Consolidated Maintenance District and levy an annual assessment not to exceed the amount set forth above? Yes No C:\Documents and Settings~dbames\Local Set tings\Temp\GWViewer\WallSt I l.wpd