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Home My WebLink AboutRES NO 209-04RESOLUTION NO. ~0~)-04 A RESOLUTION ADDING TERRITORY, AREA 4-29 (BAKER STREET II), 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. 1327, adopted April 14, 2004, declared its intention to add territory, Area 4-29 (Baker Street II), 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 4-29 (Baker Street II), as shown and designated on that certain map entitled Map and Assessment Diagram for Additional Territory, Area 4-29 (Baker Street II), to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 2004-2005 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 4-29 (Baker Street II), 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 June 23, 2004do not constitute a majority protest. 3. The Council hereby adds territory, Area 4-29 (Baker Street II), 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 OR GIN~L 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 4-29 (Baker Street II). 5. 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 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 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. 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 C~lci~f ~>l~ACity of Bakersfield at a regular meeting thereof held on cu_u~ , by the following vote: ElCOUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALV~'GGiO COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~COUNCILMEMBER CITY CLERK and Ex Offici(~:lerk of the Council of the City of Bakersfield APPROVED: JUN 2 3 2004 HARVEY L. HALL MAYOR of the City of Bakersfield 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\MAI N DIST~RE SOL_ESTAB\MD4-29E st04. DOC City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-29 (BAKER STREET ii) Fiscal Year 2004-2005 Area 4-29 (Baker Street II), which is an addition of territory to the Consolidated Maintenance District, is generally described as an area bounded by Sumner Street on the north, King Street on the east, Truxtun Avenue 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 4-29 (Baker Street II) 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" 4 All parcels within this additional territory shall be assessed an amount not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. However, parcels will not be assessed until street landscape and lighting improvements have been installed. When street landscape and lighting improvements have been completed, street tier 2 assessments will be assessed at the amounts set forth in Exhibit "E". The area will consist of nonresidential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public street landscaping and lighting will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, RAUL M. ROJA$, 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 2004-2005 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 4-29, Baker Street II), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: June 23~ 2004 RAUL M. ROJAS Director of Public Works City of Bakersfield OR C- LEGAL DESCRIPTION Area 4-29 Note: For the 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 29 S, R 28 E, M. D. B. & M., and more particularly described as follows: Beginning at the southeast corner of block 124 of the Kern Division, also being the intersection of the north right of way line of East 18th 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 382.91 feet; THENCE (2) North, a distance of 43.60 feet, to a point on the south right of way line of the alley in said block 124; THENCE (3) East, along said south right of way line, a distance of 324.94 feet; THENCE (4) North, a distance of 170.12 feet to a point on the north line of block 124 of said Kern Division, also being a point on the south right of way line of East 19th Street (80' width); THENCE (5) East along said right of way line a distance of 50.06 feet; THENCE (6) North a distance of 230.18 feet, to a point on the south right of way line of the alley in block 109; THENCE (7) West, along said south right of way line of the alley, a distance of 60.00 feet; THENCE (8) North, a distance of 170.28 feet to a point on the north line of said block 109, also being a point on the south right of way line of East 21st Street (80' width); THENCE (9) East, along said south right of way line, a distance of 73.90 feet; THENCE (10) North, a distance of 400.76 feet, to a point on the south right of way line of Sumner Street, also being the north line of block 92 of said Kern Division; EXHIBIT "A" ORIGINAL THENCE (11 ) East, along said south right of way line, a distance of 227.04 feet; THENCE (12) South, a distance of 170.37 feet, to a point on the south right of way line of the alley in block 93 of said Kern Division; East, along said south right of way line of the alley, a distance of THENCE (13) 50.09 feet; THENCE (14) South, a distance of 27.70 feet; THENCE (15) Southwesterly, a distance of 74.41 feet; THENCE (16) South, a distance of 153.21 feet, to a point on the north line of block 108, also being a point on the south right of way line of East 21st Street (80' width); THENCE (17) East, along said right of way line, a distance of 17.02 feet; THENCE (18) South, a distance of 170.09 feet, to a point on the south right of way line of the alley in block 108 of said Kern Division; THENCE (19) East, along said south right of way line, a distance of 69.11 feet; THENCE (20) South, a distance of 150.15 feet to a point on the south right of way line of East 19th Street, also being the north line of block 125; THENCE (21) West, along said south right of way line, a distance of 42.62 feet; THENCE (22) South, a distance of 170.92 feet, to a point on the south right of way line of the alley in block 125 of said Kern Division; THENCE (23) East, along said south right of way line, a distance of 175.61 feet; THENCE (24) South, a distance of 12.20 feet to meet the north right of way line of Truxtun Avenue; THENCE (25) Southwesterly, a distance of 178.37 feet along the north right of way line of Truxtun Avenue (115.5' width); THENCE (26) Southwesterly, a distance of 204.13 feet, deflecting slightly (approximately, 5 degrees) to the north from the north right of way line of Truxtun Avenue, to meet the west right of way line of Baker Street at a point which is also being the southeast corner of block 124 of Kern Division and the TRUE POINT OF BEGINNING. S:\PROJECTS/MAINDIST\LEGALS\Lega14-29.DOC MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-29 BAKER STREET II)_ TO THE l CONSOLIDATED MAINTENANCEDISTRICT I BAKERSFIELD, CALIFORNIA m NOT TO SCALE ~15' T .//-DISTRICT 8DUN~ARY ~TRUE pnINT nF ~EGINNING DAY 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 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 1~f4 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) 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~.~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, Villa.qe 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 3 ~4 ORIGINAL USE Union Avenue(4-07) Non Residential Silvercreek (3-04) 370-022-04 Chester Avenue (4-11 & 4-16) Wall Street (4-25) Baker Street (4-24) Baker Street II (4-29) 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\ExhC04.doc EXHIBIT '~:~ ~X&4~mC Page 4,.~f 4 ~ ORiGINaL EXHIBIT "D" MAINTENANCE DISTRICT AREA 4-29 Said assessment is made in accordance with the benefit formula attached hereto. 2004-2005 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 EXHII~ o C, ORI~ EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-29 Assessor's Parcel No. as shown on Map Exhibit "B" 016-060-06 016-060-07 016-060-08 016-060-09 016-060-10 016-070-01 016-070-16 016-070-17 016-070-18 016-070-19 016-080-01 016-080-16 016-080-20 016-090-12 016-090-21 016-190-07 016-190-08 016-190-15 016-200-01 016-200-13 Total ASSESSMENT ROLL FISCAL YEAR 2004-2005 Total amount to be collected for FY 2004-2005 Total amount to be collected for FY 2005-2006 0.00 108.07 0.00 28.27 0.00 ;8.03 0.00 ;17.78 0.00 ;24.62 ;0.00 ;46.97 ;0.00 ;18.70 ;0.00 ;8.66 ;0.00 H3.22 ;0.00 ;13.22 ;0.00 ;17.78 ;0.00 ;34.20 ;0.00 ;17.78 ;0.00 ;88,92 ;0.00 ;120.38 ;0.00 ;20.06 ;0.00 ;29.64 ;0.00 ;300.50 ;0.00 ;100.32 ;0.00 ;66.12 $0.00 $1,083.24 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" OR~GtNAL