HomeMy WebLinkAboutRES NO 104-03 RESOLUTION NO. ~. 04-03
A RESOLUTION ADDING TERRITORY, AREA 1-39
(ALLEN, MERLOT), 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 4).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1301 adopted June 11, 2003, declared its
intention to add territory, Area 1-39 (Alien, Merlot), 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 1-39 (Allen, Medot), as shown and designated on that certain
map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-39 (Allen,
Merlot), 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 a letter from the property
owner within the additional territory, Area 1-39 (Allen, Merlot), 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 assessments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, as follows:
reference.
1. The foregoing recitals are true and correct and incorporated herein by
2. The Council hereby adds territory, Area 1-39 (Allen, Merlot), 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.
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ORtGtNA~.
3. Exhibits "A" and "B" describe the additional territory, Area 1-39 (Allen,
Merlot).
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 street landscape
improvements have been installed. When street landscape improvements have been
completed, the appropriate street tier 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 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.
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ORIGINA~
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 JUN ~, 5 2003 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
CITY CLERK and Ex Officio C~k of the
Council of the City of Bakersfield
JUN ~. 5 2003
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\p ROJ ECTS\MAIN DIST~ESTAB\M D1-39Est
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ORIGtNA~
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-39 (ALLEN, MERLOT)
Fiscal Year 2002-2003
Addition of territory, Area 1-39 (Allen, Merlot) to the Consolidated
Maintenance District is generally described as an area bounded by a line 725 feet south
of Rosedale Highway on the north, Allen Road on the east, Dove Creek Drive on the
south and a line 520 feet west of Allen 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 public street
medians and other public street landscaping. The improvements generally include,
but are not limited to, 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 1-39 (Allen, Merlot) is being added to the
Consolidated Maintenance District for the maintenance of public street median and
other street landscaping. The area will be assigned an appropriate street tier in the
Consolidated Maintenance District so that each parcel will be assessed the same
amount as other parcels receiving a similar benefit.
EXHIBIT "1"
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 street landscaping has been installed.
When street landscape improvements have been completed, the appropriate street tier
level will be assigned, but in no case shall the assessments exceed $125 per equivalent
dwelling unit.
The area will consist of residential use, thus all parcels within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
Public median and street landscaping will benefit all the lots or parcels and
will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit
Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this
resolution as though fully set forth herein.
NOW THEREFORE, I, RAUL M. ROJA$, 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 territory,
Area 1-39 (Allen, Merlot), 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
EXHIBIT "1"
2
ORIGiNA~
LEGAL DESCRIPTION
Area 1-39
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 26, T 29 S, R 26 E, M. D. B. & M., and more particularly
described as follows:
Commencing at the northeast corner of said Section 26, being the intersection of
the centerlines of Rosedale Highway and Allen Road; thence South 00° 17' 30"
East, along the east line of said Section 26 and centerline of Allen Road, a
distance of 724.10 feet; thence, South 89° 42' 30" West, a distance of 55.00 feet
to a point on the west right of way line of Allen Road and the TRUE POINT OF
BEGINNING;
THENCE (1) South 00° 17' 30" East, along the west right of way line of Allen
Road, a distance of 750.88 feet, to the beginning of a tangent curve, concave
northwesterly, having a radius of 20.00 feet;
THENCE (2) Southwesterly along said curve, through a central angle of 89° 59'
51", an arc distance of 31.42 feet;
THENCE (3) South 89° 42' 21" West, a distance of 120.19 feet, to the beginning
of a tangent curve, concave northeasterly, having a radius 20.00 feet;
THENCE (4) Northwesterly along said curve, through a central angle of 90° 00'
35", an arc distance of 31.42 feet;
THENCE (5) South 89° 42' 55" West, a distance of 60.00 feet,
THENCE (6) South 00° 17' 05" West, a distance of 9.44 feet;
THENCE (7) South 89° 42' 55" West, a distance of 244.81 feet;
THENCE (8) North 00° 17' 30" West, a distance of 760.29 feet;
THENCE (9) North 89° 42' 30" East, a distance of 465.00 feet, to a point on the
west right of way line of Allen Road and the TRUE POINT OF BEGINNING.
S:\PROJECTS\MAINDIST~LEGALS\LegaI1*33.wpd
EXHIBIT "A"
ORdiNAl
MAI=' AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 1-39, ALLEN, MERLOT) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
NE COR, NOT m SC.,~
SEC~ON 26, ~
29/26
14 15 12 11 10 9
...... J-. .......
T DRIVE
~.-
16 _ 7
ry
D 6
~ 17 0
§ 18 5
19 z
LLI
20 _J 3
21 ~,~ 2
22 1
DOVE CREEK
EXHIBIT 'm
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): The number of Equivalent Dwelling Units (EDU's as
defined on page 2 of this exhibit) for the parcel, and;
Multiplied by (t): The factor for the tier level, which equals the street
tier number, and;
Divided by (b): 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.
EXHiBi~T),,C,,
Pa~e ~o of 4
ORIGINAl_
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)
Undeveloped R-2, R-3
0.71/unit
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)
Mixed Use
1.00/unit
Each calculated per the
above.
EXH, B,'~"~"~%
Page~ of 4 ~,
OR~INAi
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 & 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, Villaqe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIE~T ~,~ '~'~.~
Page3 of 4
ORIGtNA~
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
EDU
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.
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4/03
E X H I B I .T.?< ,~, '~'9~.~
Page .&'~of 4 ~
ORIGiNN
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-39
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
EXHIBLI~ D ;~
ORiGINAl
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-39
Assessor's Parcel No.
as shown on Map
Exhibit "B"
495-010-33-00-7
ASSESSMENT ROLL
FISCAL YEAR 2002-2003
Total amount to
be collected for
FY 2002-2003
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"