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Home My WebLink AboutRES NO 045-05RESOLUTION NO. 045 -05 A RESOLUTION ADDING TERRITORY, AREA 1-54 (BRIMHALL, CALLOWAY SW), 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 4). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1369 adopted February 23, 2005, declared its intention to add territory, Area 1-54 (Brimhall, Calloway SW), 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 1-54 (Brimhall, Calloway SW), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-54 (Brimhall, Calloway SW), 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 1-54 (Brimhall, Calloway SW), 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 1-54 (Brimhall, Calloway SW), 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. ORfGINAL 3. Exhibits "A" and "B" describe the additional territory, Area 1-54 (Brimhall, Calloway SW). 4. All parcels within this additional territory shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside- Orange County/All Urban Consumers Consumers Price Index. 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 the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. 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 the vote: ..~ ~ ~ , by ~OllOw~ng AYES: COUNCILMEMBER CARSON, BENHAM, MACGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Offi~he Council of the City of Bakersfield APPROVED: MAR 9 20~ 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 MD1-54_Est_05 3 ,,2 O~IGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-54 (BRIMHALL, CALLOWAY SW) Fiscal Year 2004-2005 Addition of territory, Area 1-54 (Brimhall, Calloway SW) to the Consolidated Maintenance District is generally described as an area bounded by Brimhall Road on the north, Calloway Drive on the east, a line approximately 660 feet south of Brimhall Road on the south and a line approximately 540 feet west of Calloway Drive 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 1-54 (Brimhall, Calloway SW) 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 tiers in the Consolidated Maintenance District so that each parcel will be assessed the same EXHIBIT "1" ORIGINAL amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. 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 the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. 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 1-54 (Brimhall, Calloway SW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: RAUL ~. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" ORIGIN~J. LEGAL DESCRIPTION Area 1-54 Being a portion of the Northeast quarter of Section 31, Township 29 South, Range 27 East, M.D.B.&M., more particularly described as follows: Beginning at the Northeast comer of said Section 31, thence North 89006'37" West, along the North line of said Northeast quarter of said Section 31, a distance of 116.45 feet, more or less, to a point on the centerline Calloway Drive, said point being the True Point of Beginning, said point also being on a non- tangent curve, concave Northwesterly with a radius of 1500 feet and a radial bearing of North 66°31' 18" West; 1) Thence Southwesterly, along said curve and the centerline of Calloway Drive, through a central angle of 27°16'06'', an arc distance of 713.88 feet; 2) Thence South 50044'20" West, a distance of 138.81 feet; 3) Thence departing said centedine of Calloway Drive, North 89006'37" West, a distance of 18.06 feet; 4) Thence North 00°43'24" East, a distance of 660.00 feet, more or less, to a point on the North line of said Northeast quarter, said point also being on the centerline of Brimhall Road; 5) Thence South 89o06'37'' East, along said North line and centerline, a distance of 140.24 feet; 6) Thence departing said centerline, continuing South 89006'37" East along said North line, a distance of 403.72 feet, more or less, to the Tree Point of Beginning. Containing 4.98 acres, more or less. ORIGINAL EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRFrORY · (AREA 1-54, BRIMHALL CALLOWAY SW) TO THE CONSOMDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA / /I BY ~_. }EXHIBff '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 (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) -- 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 pamel. 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): Multiplied by (t): Divided by (b): The number of EDU's for the parcel, and; 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 1 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 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) Undeveloped R-2, R-3 0.71/unit 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 "C" 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 (1-04) Undeveloped R-1 zoned 5 acres or more. Parkside V Ila.qe (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, Villaqe Lane (1-20) Non Residential 1.0 Per parcel plus 0.9 EDU's per ~<~'~&,~. 100 feet of California Ave./ >- ~ Stockdale Hwy, frontage ~ ~ ORIGINAL EXHIBIT "C" Page 3 of 4 USE Union Avenue(4-07) Non Residential Silvercreek (3-04) 370-022-04 EDU 3 0.71/unit REMARKS Per parcel Shall be charged at R-3 rate, 12 units/Acre, as per GPA Resolution No. 22-94 Chester Avenue (4-11 & 4-16) Wall Street (4-25) Baker Street (4-24) Baker Street II (4-29) 6/acre Area for each parcel is based 50% on lot area and 50% on building area. Stockdale, Calloway (1-15) Coffee, Gosford (2-15) 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. ExhC05 ORIGINAL EXHIBIT "C" Page 4 of 4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-54 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 "D" EXHIBIT "E" MAINTENANCE DISTRICT AREA 1-54 Assessor's Tax No. 500-030-17-00-4 ASSESSMENT ROLL FISCAL YEAR 2004-2005 Total amount to be collected for FY 2004-2005 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" ¢