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Home My WebLink AboutRES NO 197-03RESOLUTION NO. ~, 97- 0 8 A RESOLUTION ADDING TERRITORY, AREA 1-42 (OLIVE, OLD FARM 4), 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. 1307 adopted October 22, 2003, declared its intention to add territory, Area 1-42 (Olive, Old Farm 4), 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 1-42 (Olive, Old Farm 4), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-42 (Olive, Old Farm 4), 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, Tracts No. 5829, Units 1 and 2 and 5831, Units 1 and 2 were processed and recorded while in the unincorporated area; and WHEREAS, the owners have met the requirements of the County for inclusion into County Service Area 71 for landscape and wall maintenance; and WHEREAS, the owners have signed Proposition 218 ballots agreeing to maximum assessments of $180 per year per single family parcel for landscape and wall maintenance; and WHEREAS, the property has since been annexed into the City of Bakersfield, where the maximum annual assessment for a single family parcel is $125; and WHEREAS, the City is now responsible for maintenance of street landscaping in this area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: ORIGINAL 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory, Area 1-42 (Olive, Old Farm 4), 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 1-42 (Olive, Old Farm 4). 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. Street landscaping is existing in these areas, however, parcels will not be assessed for 2003-2004 since these areas are being added to the Consolidated Maintenance District after the 2003-2004 notices were sent out and the roll was sent to the County. Beginning in 2004-2005 based on current landscaping they will be assessed for street tier 1. Should medians be added at a later date the street tier would increase to tier 2. 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 .......... OR/GfNAL 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 NOV 0 5 Z003 , by the following vote: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON,~5't~-L-tYAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Offici~Clerk of the Council of the City of Bakersl:ield APPROVED: NOV 0 5 2003 HARVEY L. HALL MAYOR of the City of Bakersfi&ld APPROVED as to form: VIRGINIA GENNARO City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S\PROJ E CTS\MAIN DIST~ESTAB\MD 1-42Est ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-42 (OLIVE, OLD FARM 4) Fiscal Year 2003-2004 Addition of territory, Area 1-42 (Olive, Old Farm 4) to the Consolidated Maintenance District is generally described as an area consisting of two parcels bounded by a line 800 feet south of Snow Road on the north, Jewetta Avenue on the east, a line 1/4 mile south of Olive Drive on the south and 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 1-42 (Olive, Old Farm 4) 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 EXHIBIT "1" ORIGINAL 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. Street landscaping is existing in these areas, however, parcels will not be assessed for 2003-2004 since these areas are being added to the Consolidated Maintenance District after the 2003-2004 notices were sent out and the roll was sent to the County. Beginning in 2004-2005 based on current landscaping they will be assessed for street tier 1. Should medians be added at a later date the street tier would increase to tier 2. 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. 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 forth, upon all parcels of property within additional territory, Area 1-42 (Olive, Old Farm 4), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NOV 05 2003 RAU L M. RO/~JAS~ Director of Public Works City of Bakersfield EXHIBIT "1" ORIGINAL LEGAL DESCRIPTION Area 1-42 Two parcels of land situated in the City of Bakersfield, County of Kern, State of California, being portions of Section 12, T 29 S, R 26 E, M. D. B. & M., and more particularly described as follows: Parcel 1: Beginning at the east quarter corner of said Section 12, being the intersection of the centerlines of Olive Drive and Jewetta Avenue; THENCE (1) North 89° 18' 22" West, along the mid section line of said Section 12 and centerline of Olive Drive, a distance of 1319.79 feet; THENCE (2) North 00° 41' 38" East, a distance of 1855.06 feet; THENCE (3) South 89° 18' 22" East, a distance of 1324.17 feet, to a point on the centerline of Jewetta Avenue; THENCE (4) South 00° 49' 45" West, along said centerline of Jewetta Avenue, a distance of 1855.06 feet, to the TRUE POINT OF BEGINNING. Parcel 2: Beginning at the west quarter corner of said Section 12, being the intersection of centerlines of Olive Drive and Allen Road; THENCE (1) South 89° 18' 22" East, along said centerline of Olive Drive, a distance of 1402.94 feet; THENCE (2) South 00° 41' 38" West, a distance of 145.36 feet; THENCE (3) South 43° 12' 02" East, a distance of 46.63 feet, to a point on a non-tangent curve concave easterly, to which point a radial bears North 43° 12' 02" West; THENCE (4) Southerly along said curve through a central angle of 92° 12' 40", an arc distance of 80.47 feet; THENCE (5) South 44° 35' 18" West, a distance of 46.63 feet; THENCE (6) South 00° 41' 38" West, a distance of 85.36 feet, THENCE (7) North 89° 18' 22" West, a distance of 83.00 feet; THENCE (8) South 00° 41' 38" West, a distance of 310 feet, EXHIBIT ORIGINAL THENCE (9) North 89° 18' 22" West, a distance of 246.00 feet; THENCE (10) South 00° 41' 38" West, a distance of 190.25 feet; THENCE (11 ) North 89° 18' 22" West, a distance of 47.00 feet; THENCE (12) South 00° 41' 38" West, a distance of 320.50 feet; THENCE (13) North 89° 18' 22" West, a distance of 11.24 feet; THENCE (14) South 00° 41' 38" West, a distance of 130.74 feet; THENCE 15) North 89° 17' 41" West, a distance of 1016.76 feet, to a point on the west line of said Section 12 and centerline of Allen Road; THENCE (16) North 00° 44' 23" East, along said west line and centerline of Allen Road, a distance of 1321.29 feet to the west quarter corner of said Section 12 and the TRUE POINT OF BEGINNING. S:\PROJECTS\MAINDIST~LEGALS\LegalI~2.DOC EXHIBIT "A" ORIGINAL MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-42, OLIVER, OLD FARM 4) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ORIGiNAl 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 Page I ORIGIN^L 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" ,~ ~K~-,~ Page 2 of 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 Village (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 EXH I BIT "C" ,..~ ~,-,~'~'~.. Page 3 ofz~,''~ ~, 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:\PROJECTS\MAINDIST~ExhibitC\ExhC03.doc 4/03 EXHIBIT "C" (3~ ~K~"9~ Page 4 of ,~ ORIGINAL EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-42 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 "B. ~0RIGINAL EXHIBIT "E" MAINTENANCE DISTRICT AREA 1-42 Assessor's Tax No. 46231101008 46231102001 46231103004 462311O4OO7 46231105000 46231106003 46231107006 46231108009 46231109002 46231110004 46231111007 46231112000 46231113003 46231114006 46231115009 46231116002 46231117005 46231118006 46231119001 46231120003 46231121006 46231201005 46231202008 46231203001 46231204004 46231205007 46231206000 46231207003 46231208006 46231209009 46231210001 46231211004 46231212007 46231213000 46231214003 46231215006 ASSESSMENT ROLL FISCAL YEAR 2003-2004 Page 1 of 7 Total amount to be collected for FY 2003-2004 ;0.00 ;0.00 ;0.00 ~0.00 ~0.00 ~0.00 ;0.00 ~0.00 ~0,00 ~0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ~0,00 ~0.00 ;0.00 ;0.00 ;0.00 ;0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 EXHIBIT '~E" ORIGINAL 46231216009 46231217002 46231218005 46231219008 46231220000 46231221003 46231222006 46231223009 46231224002 46231225005 46231226008 46231227001 46232101001 46232102004 46232103007 46232104000 46232105003 46232106006 46232107009 46232108002 46232109005 46232110007 46232111000 46232112003 46232113006 46232114009 46232115002 46232116005 46232117008 46232118001 46232201008 46232202001 46232203004 46232204007 46232205000 46232206003 46232207006 46232208009 46232209002 46232210004 46232211007 46232212000 46232215009 46232216002 46232217005 46232218008 46232219001 46232301005 46232302008 46232303001 46232304004 46232305007 Page 2 of 7 $0.00 $o.oo $o.oo $o.oo $0.00 ;0.00 ~0.00 ;0.00 ;0.00 0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 0.00 0.00 ~0.00 ;0.00 0.00 ;0.00 ;0.00 ~0.00 ~0.00 0.00 $0.00 $o.oo $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $o.oo $o.oo $0.00 $o.oo ORIGINAL 46232306000 46232307003 46232308006 46232309009 46234101007 46234102000 462341O3003 46234104006 462341O5OO9 46234106002 46234107005 46234108008 46234109001 46234110OO3 46234111006 462341120O9 46234113002 46234114005 46234115008 46234116001 46234117004 46234118007 46234119OOO 46234120002 46234121005 46234122008 46234123001 46234124004 46234125007 46234126000 46234127003 46234128006 46234129009 46234130001 46234131004 46234132007 46234133000 46234134003 46234135006 46234136009 46234201004 46234202007 46234203000 46234204O03 46234205006 46234206009 46234207002 46234208005 46234209008 46234210000 46234211003 46234212006 Page 3 of 7 $0.00 $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o,oo $o.oo $o.oo $o.oo $o.oo $0.00 $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 $0.00 $0.00 $o.oo $0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ~0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $o.oo $o.oo $o.oo $0.00 EXHiBiT~--kE,, ORIGINAL 46234213009 46234214002 46234215005 46234216008 46234217001 46234218004 46234219007 46234220009 46234221002 46234222005 46234223008 46234224001 46234225004 46234226007 46234229006 46234230008 46234231001 46234232004 46234233OO7 46234234000 46234235003 46234236006 46244101006 46244102009 46244103002 46244104005 46244105008 46244106001 46244201003 46244202006 462442O3009 46244204002 46244205005 46244206008 46244207001 46244208004 46244209007 46244210009 46244211002 46244212005 46244213008 46244214OO1 46244215004 46244216007 46244217000 46244218003 46244219006 46244220008 46244221001 46244222004 46244223007 46244224000 Page 4 of 7 $0.00 $0.00 $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $0.00 $o.oo $o.oo $o.oo $o.oo $0.00 $o.oo $o.oo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo ~0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 EXHIBIT ~'E'' ORIGINAL 46244301000 46244302003 46244303006 46244304009 46244305002 46244306005 46244307008 46244308001 46244309004 4624431O0O6 46244311009 46244312002 46245101009 46245102002 46245103005 46245104008 46245105001 46245106004 46245107007 46245108000 46245109003 46245110005 462451110O8 46245112001 46245113004 46245114007 46245115000 46245116003 46245201006 46245202009 46245203002 46245204005 46245205008 46245206001 46245207004 46245208007 46245209000 46245210002 46245211005 46245212008 46245213001 46245214004 46245215007 46245216000 46245217003 46245218006 46245301003 46245302006 462453O3O09 46245304002 46245305005 46245306008 Page 5 of 7 $0.00 $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo $0.00 $o.oo $o.oo $o.oo $0.00 $o.oo $o.oo $o.oo $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $o.oo $o.oo $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo $0.00 $0.00 $o.oo $o.oo $0.00 $o.oo $o.oo $o.oo $o.oo $o.oo $0.00 $o.oo $0.00 $0.00 $o.oo $o.oo EXHIBIT "~.Q ~ I,.- 113 ~ORIGINAL ~ 46245307001 46245308004 46246101002 46246102005 46246103008 46246104001 46246105004 46246106007 46246107000 46246108003 46246109006 46246110008 46246111001 46246112004 46246113007 46246114000 46246115003 46246116006 46246117009 46246118002 46246119005 46246120007 46246121000 46246122003 46246123006 46246124009 46246125002 46246126005 46246127008 46246128001 46246129004 46246130006 46246131009 46246132002 46246133005 46246201009 46246202002 46246203005 46246204008 46246205001 46246206004 46246207007 46246208000 46246301006 46246302009 46246303002 46246304005 46246305008 46246306001 46246307004 46246308007 46246309000 Page 6 of 7 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ;0.00 ~0.00 0.00 $0.00 $o.oo $o.oo $o.oo $0.00 $0.00 EXHIBI"I'~'E" ORIGINAL 46246310002 46246401003 46246402006 46246403009 46246404002 46246405005 46246406008 $0.00 $0,00 $o.oo $o.oo $0.00 $0.00 $o.oo Total $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield Page 7 of 7 EXHIB~ "E" ORIGINAL