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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