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Home My WebLink AboutRES NO 118-00RESOLUTION NO. I I 8 ' 0 0 A RESOLUTION ADDING TERRITORY, AREA 1-18 (STOCKDALE, CALIFORNIA NE), 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 5). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1221, adopted August 16, 2000, declared its intention to add territory, Area 1-18 (Stockdale, California NE), 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 1-18 (Stockdale, California NE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-18 (Stockdale, California NE), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2000-200 'l 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 1-18 (Stockdale, California NE), 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: reference. 1. The foregoing recitals are true and correct and incorporated herein by 2. The Council hereby adds territory, Area 1-18 (Stockdale, California NE), 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 1-18 (Stockdale, California NE). 4. All parcels within this additional territory shall be assessed an amount not to exceed $100.00 per equivalent dwelling unit (as that term is difined in Exhibit "C") per parcel. However, parcels wilt not be assessed until median and/or street landscape improvements have been installed· When median and/or street landscape improvements have been completed, street tier 1 assessments will be assessed. 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 2001-2002 fiscal year and each fiscal yearthereafter, 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 prescrEbed 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 ........... -2- I H EREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on SFP '~? ?-g~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER I',J~ ~.- COUNCILMEMBER APPROVED: Big~~ MAYOR of the City of Bakersfield SEP 2,7 ZOO0 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\MD1-18Est -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-18 (Stockdale, California NE) Fiscal Year 2000-2001 Addition of territory, Area 1-18 (Stockdale, California NE) to the Consolidated Maintenance District is generally described as an area bounded by Business Center Drive on the north, a line 750 feet east of California Avenue on the east, Stockdale Highway on the south, and California Avenue 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, g round cover and tuff 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 1-18 (Stockdale, California NE) is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area will be assigned appropriate street tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. -:~- EXHIBIT "1" All pamels within this area shall be assessed an amount not to exceed $100.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. However, parcels will not be assessed until street landscaping has been installed. When street landscape improvements have been completed, street tier 1 assessments will be assessed. The area will consist of non 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. NOWTHEREFORE, I, PAUL 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 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 territory, Area 1-18 (Stockdale, California NE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: :/:. ',2 ? RAUL M. ROJAS Director of Public Works City of Bakersfield -2- Area 1-18 LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 34, T 29 S, R 27 E, M D. B. & M., and more particularly described as follows: Commencing at the intersection of the centerlines of California Ave and Business Center Drive, as shown on Certificate of Compliance for Lot Line Adjustment No. 377, recorded February 7, 2000 as document No. 0200014631 O.R. in the office of the Kern County Recorder, thence South 00° 03' 57" East, along said centerline of California Avenue, a distance of 30.00 feet, to intersect the westerly prolongation of the south right of way line of Business Center Drive and the TRUE POINT OF BEGINNING; THENCE (1) North 89° 55' 20" East, along said south right of way line and westerly prolongation thereof, a distance of 602.22 feet, to the beginning of tangent curve, concave southwesterly having a radius of 25.00 feet; THENCE (2) Southeasterly along said curve through a central angle of 29 ° 35' 31 ", an arc distance of 12.91 feet, to the beginning of a reverse curve, concave northerly, having a radius of 90.00 feet; THENCE (3) Southeasterly and northeas'ierly along said curve through a central angle of 65° 51' 34", an arc distance of 103.45 feet; THENCE (4) South 16° 43' 21" East, a distance of 123.08 feet; THENCE (5) South 00° 05' 52" East, a distance of 624.69 feet, to a point on the centerline of Stockdale Highway; THENCE (6) South 89° 56' 08" West, along said centerline, a distance of 442.57 feet, more or less to intersect the southerly prolongation of the east line of Parcel B of Parcel Map 3780, recorded October 29, 1976, in Book 17, Page 12 in the office of the Kern County Recorder; THENCE (7) North 00° 03' 57" West, among said east line and prolongation thereof, a distance of 335.05 feet, to the northeast corner of said Parcel B; EXHIBIT "A" THENCE (8) South 89° 56' 03" West, along the north line of said Parcel B and prolongation thereof, a distance of 305.27 feet to a point on the centerline of California Avenue; THENCE (9) North 00° 03' 57" West, along said centerline a distance of 404.98 feet to intersect the westerly prolongation of the south right of way line of Business Center Drive and the TRUE POINT OF BEGINNING. EXHIBIT "A" S:\PROJECTS\MA1NDIST\LegalS\LegaI1-18.wpd MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-18, STOCKDALE, CALIFORNIA CONSOLIDATED MAINTENANCE DIS~RTO ICT BAKERSFIELD, CALIFORNIA N89'55'20"E 308.47' '~ ~ PARCEL 1 ~ 87,619 sq. ft. b_ 2.01 acres 55' N89~'O3"E 305.2T PM 5551 · -- (N89'56'Oa"E) THE NOT TO SCALE N89'55'20"E 293.75' ~. ~.~ PARCEL 2 266.~5 sq. fL PARCEL o.21 acres z PARCEL 3 DISTRICT BOUNDARY 0.88 acres N89'56'OB"E 226.92* NBg'56'OB"E 215.65' STOCKDALE HIGHWAY /BASIS OF BEARINGS' (1323.86') SOUTH LINE SEC. 34, 29/27 M.D.M. /r-K.C. SURVEYORS CONC. MON. MK'D. FOR SEC. CORS. 2, 3, 34 & 35. 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 forthe 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) forthe pamel, 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. In the Berkshire area (3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street landscaping. (2) shall be the dollar amount budgeted forthe 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 EXHIBIT~'~C~.~,., Page'~l of 4 *"-: 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 pamel 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. MuBti-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. EXHIBI:f,:,,~""-':::.. Page:~2 of 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 EDU REMARKS Polo Grounds Undeveloped R-1 zoned 5 acres OF more. Parkside Villaqe 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, Seven Oaks, North & South Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue Stockdale, California NE Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage EXHIBIT?G'" ':' Page i~7of 4 ":' USE EDU REMARKS Union Avenue Non Residential 3 Per parcel Silvercreek 370-022-04 0.71/u n it 12 units/Acre Shall be charged at R-3 rate as per GPA Resolution No. 22-94 Chester Avenue 6/acre Area for each parcel is based 50% on lot area and 50% on building area. S:\PROJECTS\MAINDIST\FORMULAS\ExhC00.wpd EXHIB,!;~"Ct,'::~,, Page"4 of 4 ':: ~ =~,::: EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-18 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 Balancel(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED $0,00 $0.00 $0.00 $0.00 S:\PROJECTSIMAINDIS*P, EXHIBITD/MD~-ISD+WB2 ':'EXHIBII'-"D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-18 FISCAL YEAR 2000-2001 Assessment Parcel No, as shown on Map Exhibit "B" Total amount to be collected for FY 2000-2001 331-032-16-00-3 331-032-18-00-9 331-032-19-00-2 331-032-20-00~4 $0.00 $0.00 $o.oo $o.oo Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:%MAINDEST%EXHIBITE/MD1-18EWB3 EXHIBIT "E" Page 1