HomeMy WebLinkAboutRES NO 86-00RESOLUTION NO. 86-00
A RESOLUTION ADDING TERRITORY, AREA 4-'16
(CHESTER AVENUE, PHASE 2}, 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, tl~e City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1212, adopted May 24, 2000, declared its
intention to add territory, Area 4-1(~ (Chester Avenue, Phase 2), 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 4-16 (Chester Avenue, Phase 2), as shown and
designated on that certain map entitled Map and Assessment Diagram for Additional
Territory, Area 4-16 (Chester Avenue, Phase 2), to the Consolidated Maintenance District,
Bakersfield, California, for Fiscal Year 2000-2001 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 4-16 (Chester Avenue, Phase
2), 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, THERFFORE, E3E tT 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 July
19, 2000 do not constitute a majority protest.
3. The Council hereby adds territory, Area 4-16 (Chester Avenue, Phase 2),
to the Consolidated Maintenance District and confirms and adopts the Public ~Norks
-1-
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.
4. Exhibits "A" and "B" describe the additional territory, Area 4-16 (Chester
Avenue, Phase 2).
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 2001-2002 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 shal~ 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 ..........
-2-
I HEREBY CE. RTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
JUL 19 2000 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH,
COUNCILMEMBER
COUNClLMEMBER
COUNCILMEMBE~ I'~ ~ ~
, SULLIVAN, SALVAGGlO
CITY CLERK and Ex Officio Cl~ of the
Council of the City of Bakersfield
APPROVED: JUL 19 Z000
BOB PRIC
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
Attachments
Exhibit "1"
Exhibit "A"
Exhibit
Exhibit "C"
Exhibit
Exhibit "E"
S\PROJ ECTS\MAIN DIST~ESTAS\MD4-16Es::
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-16 (CHESTER AVENUE, PHASE 2)
Fiscal Year 2009-2001
Area 4-16 (Chester Avenue, Phase 2), which is an addition of territory to the
Consolidated Maintenance District, is generally described as an area bounded by 23r~
Street on the north, K Street on the east, True, un Avenue 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 public street landscaping
and lighting improvements. The improvements generally include, but are not limited to,
plant forms, irrigation system pipes, conduits, water mains and/or sprinkler systems
therefore, trash cans, decorative boHard lighting, decorative street light poles with banner
arms and ornamental planting, including shrubs, ground covers and trees 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 yea~rs, public parks, public street median and other public street
landscaping improvements in the City were maintained through traditional tax revenues.
After Proposition 13, in 19'78, 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 4-16 (Chester Avenue, Phase 2) 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 a combination of tot area and
building area.
EXHIBIT "1"
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".
The area will ,consist of non-residential 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, RAU L M. ROJAS, Director of Public Works of the City
of Bakersfield, by virtue of the power vested in me and the order of the Counci~ of said City,
hereby submit the Fiscal Year 2000-2001 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 4-16, Chester
Avenue, Phase 2), subject to be assessed to pay the cost of maintenance and operation
in said area.
Dated:
Director of Public Works
City of Bakersfield
LEGAL DESCRIPTION
Area 4-16
Seven parcels of land situated in the City of Bakersfield, County of Kern, State of
California, being portions of Section 30, T 29 S, R 28 E, M. D. B. & M., and more
particularly described as folllows:
Parcel One:
Beginning at the intersection of the north right-of-way line of 17th Street (82.5 feet
wide) and the east right-of-way lithe of Eye Street (82.5 feet wide);
THENCE (1) North along said east right-of-way line, a distance of 402.00 feet;
THENCE (2) East a distance of 75.00 feet within block 245;
THENCE (3) North a distance of 93.00 feet to intersect the north right-of-way line
of the alley (33 feet wide) within block 245;
THENCE (4) West a distance of 75.00 feet to intersect the east right-of-way line of
Eye Street;
THENCE (5) North along said east right-of-way line a distance of 313.50 feet to
intersect the south right-of way line of the alley (33 feet wide) within block 234;
THENCE (6) East along the south right-of-way line a distance of 76.00 feet;
THENCE (7) North a distance of 90.75 feet;
THENCE (8) West a distance of 76.00 feet to intersect the east right-of-way line of
Eye Street;
THENCE (9) North along last said right-of-way line a distance of 255.75 feet to
intersect the south right-of-way line of 20th Place within block 205;
THENCE (10) East along the south right-of-way line a distance of 132.00 feet;
THENCE (11) South a distance of 198 feet to intersect the south rig ht-of-way of 20th
Street (82.5 feet wide);
THENCE (12) West along the last named right-of-way a distance of 3.00 feet
THENCE (13) South a distance of 115.50 feet to intersect the north right-of-way line
EXHIBIT "A"
of Service Street alley, within block 234;
THENCE (14) East a distance of 14.42 feet;
THENCE (15) South a distance of 33 feet to intersect the south right-of-way line of
the alley within block 234;
THENCE (16) South a distance of 115.50 feet to intersect the north right-of-way of
19th Street;
THENCE (17) West along the last named right-of-way line a distance of 11.42 feet;
THENCE (18) South a distance of 82.50 feet to intersect the south right-of-way line
of 19th Street;
THENCE (19) South a distance of 115.50 feet to intersect the north right-of-way line
of the alley within bk)ck 245;
THENCE (17') South a distance of 33 feet to intersect the south right~of-way line of
Wall Street at~ey;
THENCE (18) West a distance of 25 feet;
THENCE (19) South a distance of 115.50 to intersect the north right-of-way line of
18th Street;
THENCE (20) East a distance of 25 feet;
THENCE (21) South a distance of 346.50 feet to intersect the north right-of-way line
of 17th Street;
THENCE (22) West a distance of 132.00 feet to the true point of beginning of iparcel
one.
Parcel 2
Beginning at a point on the east right-of-way line of Eye Street (82.5 feet wide)said
point being 30.33 feet north of the north right-of-way line of 20 Street alley (33 feet
wide) within block 205;
THENCE (1) North a distance of 283.17 feet to intersect the south right-of~way of
the alley (33 feet wide), within block 194
THENCI~ (2) East along the last named right-of-way a distance of 132.00 feet;
EXHIBIT "A"
THENCE (3) South a distance of 283.17 feet;
THENCE (4) West a distance of 132.00 feet to the true point of beginning of parcel
tWO.
Parcel 3
Beginning at the intersection of the north right-of-way line of 22nd Street (82.5 feet
wide) and the east right-of-way line of Eye Street (82.5 feet wide);
THENCE (1) North a distance of 107.00 feet;
THENCE (2) East a distance of 122.00 feet;
THENCE (3) South a distance of 107.00 feet;
THENCE (4) West a distance of 122.0,0 feet to the true point of beginning of iparcel
three.
Parcel 4
Beginning at the intersection of the north right-of-way line of 22nd Street (82.5 feet
wide) and the west right-of-way tine of the alley (33 feet wide) within block 166.
THENCE (1) North along the ~ast named right-of-way a distance of 57.00 feet;
THENCE (2) East a distance of 142.00 feet;
THENCE (3) South a distance of 57.00 feet;
THENCE (4) West a distanc6, of 142.00 feet to the true point of beginning of parcel
four.
Parcel 5
Beginning at the intersection of the north right-of-way line of 20th Street (82.5 feet
wide) and the west right-of-way ~ine of the alley (16.5 feet wide) within block 206.
THENCE (1) North along the last named alley right-of-way line a distance of 346.50
feet to intersect the north right-of-way line of 21st Street, (82.5 feet
wide);
THENCE (2) East along the last named right-of-way a distance of 140.25 feet;
EXHIBIT "A"
THENCE (3)
THENCE (4)
THENCE (5)
THENCE (6)
THENCE(7)
THENCE(8)
THENCE(9)
South a distance of 192.50 feet;
West at distance of 123.75 feet;
South a distance of 83.25 feet;
East a distance of 123.75 feet to intersect the west right-of-way line
of K Street, (82.5 feet wide);
South along the west right-of-way line of K Street a distance of 231.00
feet;
West a distance of 132.00 feet;
North a distance of 57.75 feet;
THENCE (10) West a distance of 8.25 feet;
THENCE (11) North a distance of 82.50 feet to intersect a point on the north right-
of-way line of 20th St~reet said point atso being the true point of beginning of parcel
five.
Parcel 6
Beginning at the intersection of the north right-of-way line of 18th Street (82.5 feet
wide) and the west right-of-way line of K Street (82,50 feet wide);
THENCE (1)
THENCE (2)
THENCE (3)
THENCE (4)
THENCE(5)
THENCE(6)
THENCE(7)
THENCE(8)
West a~ distance of 158.00 feet;
North a distance of 57.75 feet;
East a distance of 26.00 feet;
North a distance of 57.75 feet to intersect the south right-of-way line
of the Wall Street alley, (33 feet wide) within block 246;
West a distance o';F 36.00 feet;
North a distance of 148.50 feet;
West a distance of 70.00 feet;
North a distance of 140.25 feet;
EXHIBIT "A"
THENCE (9) East a distance of 26.00 feet;
THENCE (10) North a distance of 12.25 feet;
THENCE (1 '1) East a distance of 6.00 feet;
THENCE (12) North a distance of 45.5 feet;
THENCE (13) North a distance of 33.00 feet;
THENCE (14) West a distance of 160.00 feet;
THENCE (15,) South a distance of 33.00 feet to intersect the south right-of-way line
of Service Street alley within block 233;
THENCE (16) East a distance of 44.00 feet to intersect the west right-of-way line
of K Street;
THENCE (17) South along the last named right-of-way line a distance of 462.00 feet
to the true point of beginning of parcel six;
.Parcel 7
Beginning at the intersection of the south right-of-way line of 18th Street (82.5 feet
wide) and the centerline of K Street (82.50 feet wide vacated);
THENCE (1) South a distance of 460.50 feet;
THENCE (2) West a distance of 149.75 feet;
THENCE (3) North a distance of 196.50 feet to intersect the north right-of-way line
of 17th Street;
THENCE (4) East a distance of 42.5 feet;
THENCE (5) North a distance of '~ 15.50 feet;
THENCE (6) West a distance of 66.00 feet;
THENCE (7) North a distance of 148.50 feet;
THENCE (8) East a ,distance of 173.25 feet to the true point of beginning of parcel
seven.
S:\PROJ ECTS\MAINDiST~LEGALS\Leg:a14-16.wpd
EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 4 - 16, CHEST'ER AVENUE 2) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD,
J
24TH
CALIFORNIA
STREET
STREET
STREET
NOT TO $CAL[
EET
:ET
STREE
TRUXTUN
AVENUE
EX~IT '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 (11) 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 prio~r year
fund balance or deficit;
Multiplied by (ia):
Multiplied by (it):
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, arid;
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 parc:els with no existing adjacent median or street landscaping shall
be assessed one-fourth the number of EDU's for that parcel. In the Berkshire area (3-06)
and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street
landscaping.
(2) shal~ 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 I',a): The number of EDU's for the parcel, and;
Multiplied by (,t):
Divided by (b',t:
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 × a x t
b
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.
Page 2 0f-'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
Polo Grounds
Undeveloped R-1 zoned
5 acres or more.
Parkside Village
Single Family
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential
(Castle & Cooke)
Non Residential
(Parkside Partners)
Brimhall & Verdugo,
Seven Oaks, North & South
Undeveloped R-1 zoned
5 acres or more
California Avenue
Non Residential
EDU
3.28/acre
REMARKS
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
1.0
0.86/unit
0.58/unit
24.26
7.56
3/acre
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
Page 3 0~7'~ %
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
3
0.71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area,
S:\P ROJECTS~V1AINDIST~FORMU LAS\FxhC00.wpd
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-16
Said assessment is made in accordance with the benefit formula attached hereto.
2000-2001
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Ba~ance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$0.00
S:\PROJECTS\MAINDIST~EXHIBITD/MD4-16D.WB2
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 4-16
FISCAL YEAR 2000-2001
Assessment Parcel No.
as shown on Map
Exhibit "B'
Total amount to
be collected for
FY 2000-2001
Total amount to
be collected for
FY 2001-2002
005-402-01-00-8
005-411.-08-00-5
005-442-04-00-9
005-442-05-00-2
005-452-02-00-6
005-452-07-00-1
005-461-06-00-4
005-461-10-00-5
005-481-02-00-8
005-481-05-00-7
005-481-06-00-0
005-481-07-00-3
005-481-08-00-6
005-492-04-00-4
005-492-09-00-9
005-492-10-00-1
005-492-11-00-4
006-012-01-00-2
006-012-02-00-5
006-012-14-00-0
006-021-04-00-7
006-021-05-00-0
006-021-10-00-4
006-021--11-00-7
006-021-13-00-3
006-021-14-00-6
006-171-02-00-5
006-171-03-00-8
006-171-04-00-1
006-182-01-00-2
006-182-02-00-5
006-182-05-00-4
006-201-10-00-6
Total
$0.00
$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
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o,oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o,oo
$41,04
$21.88
$49.24
$24.62
$35.56
$194,26
$67.04
$35.56
$98.50
$131,32
$108,08
$9,58
$8.2O
$57.46
$28.72
$102.60
$13.68
$120.38
$49.24
$98.5O
$98.5O
$42.40
$42.40
$4.10
$19,16
$51.98
$24.62
$41.04
$53.36
$24.62
$45.14
$47.88
$53.36
$1,790,66
Date:
S:\MAINDIST~EXHIBITE/MD4-15E WB3
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
Page I