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Home My WebLink AboutRES NO 127-03RESOLUTION NO. 1 2 ? ' 0 3 A RESOLUTION ADDING TERRITORY, AREA 5-09 (OSWELL, HWY 58 SE), 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 1). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1304, adopted June 25, 2003, declared its intention to add territory, Area 5-09 (Oswell, Hwy 58 SE), 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 5-09 (Oswell, Hwy 58 SE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-09 (Oswell, Hwy 58 SE), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2003-2004 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 5-09 (Oswell, Hwy 58 SE), 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 5-09 (Oswell, Hwy 58 SE), 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 5-09 (Oswell, Hwy 58 SE). 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 2004-2005 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 .......... ORIGINAL 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 JUL 9 Z003 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~;~'~d~..-' COUNCILMEMBER ~ COUNCILMEMBER ~/~'~P-~ CITY CLERK and Ex Offic~ Clerk of the Council of the City of Bakers'field APPROVED: JUL 9 ~003 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\MAINDIST~ESTAB\MD5-09Est 3 City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-09 (OSWELL, HWY 58 SE) Fiscal Year 2003-2004 Addition of territory, Area 5-09 (Oswell, Hwy 58 SE) to the Consolidated Maintenance District is generally described as an area bounded by Highway 58 on the north, Sterling Road on the east, Zephyr Lane on the south, and Oswell Street 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 restrooms; 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 operatin9 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 5-09 (Oswell, Hwy 58 SE) is being added to the Consolidated Maintenance District for the maintenance of a park and public street EXHIBIT "1" ~3RtC~tNAt median and other street landscaping. The area will be assigned appropriate park and street tiers 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 tier levels will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The area will consist of residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2003-2004 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set for[h, upon all parcels of property within additional territory, Area 5-09 (Oswell, Hwy 58 SE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: - -~///~/'E~ 2~ RAUL M. ROJA$ Director of Public Works City of Bakersfield EXHIBIT "1" LEGAL DESCRIPTION Area 5-09 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 2, T 30 S, R 28 E, M. D. B. & M., and more particularly described as follows: Beginning at the west quarter corner of said Section 2, also being the intersection of the centerlines of Oswell Street and Zephyr Lane; THENCE (1) North 00° 36' 52" East, along the west line of said Section 12, and centerline of Oswell Street, a distance of 1084.61 feet; THENCE (2) South 89° 23' 08" East, a distance of 55.00 feet, to a point on the east right of way line of Oswell Street; THENCE (3) North 00° 36' 52" East, a distance of 349.39 feet; THENCE (4) North 25° 43' 12" East, a distance of 103.96 feet; THENCE (5) North 62° 34' 55" East, a distance of 67.57 feet; THENCE (6) North 70° 15' 16" East, a distance of 291.74 feet, to the beginning of a tangent curve, concave southerly, having a radius of 1942.00 feet; THENCE (7) Easterly along said curve, through a central angle of 15° 38' 03", an arc distance of 529.91 feet, to the point of compound curve with a curve, concave southerly, having a radius of 2942.00 feet; THENCE (8) Easterly along said curve, through a central angle of 03° 11' 29", an arc distance of 163.87 feet; THENCE (9) North 89° 04' 35" East, a distance of 585.79 feet; THENCE (10) South 88° 44' 17" East, a distance of 416.07 feet; THENCE (11) South 00° 20' 11" East, a distance of 436.15 feet; THENCE (12) North 890 39' 49" East, a distance of 510.00 feet; THENCE (13) South 00° 20' 11" East, a distance of 87.91 feet; THENCE (14) South 89° 28' 16" East, a distance of 20.00 feet, to a point on the centerline of Sterling Road; EXHIBIT "A" OR~tNAt THENCE (15) South 00° 31' 44" West, along said centerline, a distance of 1259.55 feet, to intersect the centerline of Zephyr Lane, also being the midpoint of said Section 2; THENCE (16) North 89° 52' 15" West, along said centerline of Zephyr Lane, a distance of 2654.31 feet, to the west quarter corner of said Section 2 and the TRUE POINT OF BEGINNING. S:\PROJECTS\MAINDIST~LEGALS\Legal5-09DOC EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY (AREA 5-09, OSWELL, HWY 58 SE) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA STATE ROUTE VI--KER--58 BY E)~-'IIBIT ~' 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 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 Note: Since Proposition 218 was passed in November 1996, assessment rates have been frozen at the 1996-1997 level. EXHIB!.,'~ ~ ~'~+4~, Pag j of 4 oR~iflAi 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 pamel 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 Page 2~f 4 ORiGiNAl 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 & 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~'~'~% Page :~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). Stockdalel Buena Vista SW (2-22) Park maintenance fee to be paid per Ordinance No. 3957. S:\PROJ ECTS\MAIN DIST~ExhibitC\E xhC03.doc 4/03 EXHIBIT Page 4:0f 4 '~ EXHIBIT "D" MAINTENANCE DISTRICT AREA 5-09 Said assessment is made in accordance with the benefit formula attached hereto. 2003-2004 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. ~-~IG NA~ EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-09 Assessor's Tax No. 173-162-01-00-5 173-162-02-00-8 ASSESSMENT ROLL FISCAL YEAR 2003-2004 Total amount to be collected for FY 2003-2004 $0.00 $o.oo Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" '~iG~NAL