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Home My WebLink AboutRES NO 012-05 0 ,2-05 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 1-5'1 (GIBSON, MARRIOTT SE), 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. 1354 adopted December 15, 2004, declared its intention to add territory, Area 1-51 (Gibson, Marriott SE), 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 1-51 (Gibson, Marriott SE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-51 (Gibson, Marriott SE), 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 received letters from the property owner within the additional territory, Area 1-51 (Gibson, Marriott SE), which waive 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 Proposition 218 Ballots (Official Assessment Ballot) indicating his consent to the assessments. 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. The Council hereby adds territory, Area 1-51 (Gibson, Marriott SE), 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. O~,~G~NAL 3. Exhibits "A" and "B" describe the additional territory, Area 1-51 (Gibson, Marriott SE). 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 improvements have been installed. When street landscape improvements have been completed, the appropriate street tier will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. 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 .......... 2 ORiGiNAL 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 _tn# /L ¢. 2_0[~ , by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio/~lerk of the Council of the City of Bakersfield APPROVED: HARVEY MAYOR of the City of Bakersfield APPROVED as to form: VIRGINA GENNARO City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" mr MD1-51 Est 05 3 OR GiNAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-51 (GIBSON, MARRIOTT SE) Fiscal Year 2004-2005 Addition of territory, Area 1-51 (Gibson, Marriott SE) to the Consolidated Maintenance District is generally described as an area bounded by Marriott Drive on the north, a line approximately 1175 feet east of Gibson Street on the east, Burr Street on the south and Gibson Street 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 streets 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 1-51 (Gibson, Marriott SE) is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers 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 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. However, parcels will not be assessed until street landscaping has been installed. When street landscape improvements have been completed, the appropriate street tier level will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. 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. 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 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 territory, Area 1-51 (Gibson, Marriott SE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" LEGAL DESCRIPTION Area 1-51 Being a portion of the North half of Section 26, Township 29 South, Range 27 East, M.D,B.&M., more particularly described as follows: Beginning at the centerline intersection of Gibson Street and Marriott Drive, said point being the Tree Point of Beginning; 1) Thence South 89°14'01" East along the centerline of Marriott Drive, a distance of 391.26 feet; 2) Thence departing said centerline, North 00053'20" East, a distance of 184.40 feet; 3) Thence South 88°03'46'' East, a distance of 162.63 feet; 4) Thence South 01°56'14" West, a distance of 181.12 feet to a point on the centefline of Marriott Drive; 5) Thence South 89°14'01" East along the centerline of Marriott Drive, a distance of 219.77 feet to a point on a tangent curve, concave Northwesterly with a radius of 300 feet; 6) Thence Northeasterly along said curve, through a central angle of 22°31 '44", an arc length of 117.96 feet; 7) Thence North 68014, 15" East, a distance of 200.03 feet to a point on a tangent curve, concave Southeasterly with a radius of 300 feet; 8) Thence Northeasterly along said curve, through a central angle of 22o30, 18", an arc length of 117.84 feet; 9) Thence departing said centerline of Marriott Drive, South 00044'33'' West, a distance of 30.00 feet to a point on the Southerly right-of-way of said Marriott Drive; 10) Thence South 00o53'20'' West, a distance of 477.63 feet; 11) Thence North 89o12'55" West, a distance of 254.78 feet; 12) Thence South 00047'05'' West, a distance of 245.00 feet, more or less, to a point on the centerline of Burr Street; 13) Thence North 89012'55" West along the centerline of Burr Street, a distance of 930.91 feet, more or less, to the centerline intersection of Burr Street and Gibson Street; 14) Thence North 00056'29" East along the centerline of Gibson Street, a distance of 629.83 feet, more or less, to the True Point of Beginning. Containing 16.96 acres, more or less. ORiGiNAL MAP AND ASGE88MENT DIAGRAM FOR ADDmON OF TERRfTORY (AREA 1-51, GIBGON, MARRIO'I-F SE) TO THE CONGOMDATED MAINTENANCE DIGTRICT BAKERSFIELD, CALIFORNIA NOT TO SCALE RECORDI~ OF 'n~E COUNTf ~ KERN, ~TAT~ OF CAUFORNIA. BY 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. EXHIBI'I:~'C" Page 1 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. 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 Villaqe (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 & Verdu,qo (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 EXHIBIT" Page 3 of 4 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. ExhC04 EXHIB~ "C" Page 40~"~ EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-51 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 EXHIBIT "E" MAINTENANCE DISTRICT AREA 1-51 Assessor's Tax No. 332~470-14-00-8 332-470-25-00-0 ASSESSMENT ROLL FISCAL YEAR 2004-2005 Total amount to be collected for FY 2004-2005 $0.00 $o.oo Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" ORiGiNAL