HomeMy WebLinkAboutRES NO 236-05
RESOLUTION NO.
A RESOLUTION ADDING TERRITORY, AREA 4-40 (OAK,
19TH 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 2).
236-05
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1407, adopted September 28, 2005, declared
its intention to add territory, Area 4-40 (Oak, 19th 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 4-40 (Oak, 19th SW), as shown and designated on that certain
map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-40 (Oak,
19th SW), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal
Year 2005-2006 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 4-40 (Oak, 19th SW), 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:
1, The foregoing recitals are true and correct and incorporated herein by
reference.
2. The Council hereby adds territory, Area 4-40 (Oak, 19th 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.
1
òI>-K r:..
'<. ,>v
o '~
>-- m
I~;' r-~
() c:,
OniGINAL
___" ,__..____.,_...~_,~_<""_'H_..'____
3. Exhibits "A" and "B" describe the additional territory, Area 4-40 (Oak,
19th SW).
4. All parcels within this additional territory shall be assessed an amount
not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling
unit per year. 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 park and/or street
landscape improvements have been installed, When park and/or street landscape
improvements have been completed, the appropriate park and street tiers 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 2005-2006 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
o,AKFr
« 'i. ~~/
o ~\
>- ñí
\- ,....
Ó <:0
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
nr.r·1 9.,rIM .1t'" ' by the following vote:
v v ..........--- ¡,....-- Vr V
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~(\ v''''"'''' _
CITY CLERK and Ex Officio CI
Council of the City of Bakersfield
APPROVED:
OCT 1 2 2005
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
~ xiii
By: J J1¡., wI¡
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
MD4-40Est05.doc
3
<" ~,I,Kt1
o (;,
::..... m
I::: r---
'J l'>
ORIG'NAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-40 (OAK, 19TH SW)
Fiscal Year 2005-2006
Addition of territory, Area 4-40 (Oak, 19th SW) to the Consolidated
Maintenance District is generally described as an area bounded by 19th Street on the
north, a line approximately 265 feet west of Oak Street on the east, a line approximately
120 feet south of 19th Street on the south and a line approximately 390 feet west of Oak
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 a public park
and public street medians and other public street landscaping. The improvements
generally include, but are not limited to, recreation and sports equipment including
swings, slides, play structures and storage buildings; picnic facilities including tables,
benches, barbecues, trash cans, drinking fountains and restrooms; 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 4-40 (Oak, 19th SW) is being added to the
EXHIBIT "1"
(' i.> µ t,
X ~)"'\{' t,
() \52.
','
>
no
,....
c) (:.)
::m:GiNAL
1;..-:
1
_. ...,_.'-""--'-'-~'--- ,------,-._--------
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.
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
park and/or street landscaping have been installed. When park and/or street landscape
improvements have been completed, the appropriate park and street tier levels 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 residential use, thus all parcels within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
A public park will benefit all the residential lots and 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 2005-2006 Budget and Assessment Roll as set
forth in Exhibit "0" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 4-40 (Oak, 19th SW), 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"
'ò Ilk (:1>
(f'
."
2
>.
> m
r·
(.) (")
OP¡r,'NAI
LEGAL DESCRIPTION
Area 4-40
Being a portion of the East half of Section 26, Township 29 South, Range 27 East, M.D.B.&M., more
particularly described as follows:
Beginning at the intersection of the centerline of 19th Street with the East right-of-way of Oak Street,
said point being a concrete monument in lamphole with brass disk per Record of Survey No. 2403, as
recorded in Book 22 of Record of Surveys at Page 195 in the Office of the Kern County Recorder;
thence North 89°10'16" West, along said centerline, a distance of263.13 feet to the True Point of
Beginning;
1) Thence departing said centerline, South 00°51' 54" West, a distance of 58.24 feet;
2) Thence South 49°45'09" West, a distance of 143.03 feet;
3) Thence North 00°51' 54" East, a distance of 16.09 feet;
4) Thence North 44°08'06" West, a distance of23.41 feet;
5) Thence North 01°00'31" East, a distance of19.35 feet;
6) Thence South 88°59'29" East, a distance of29.50 feet;
7) Thence North 01°00'31" East, a distance of21.03 feet;
8) Thence South 88°59'29" East, a distance of 10.00 feet;
9) Thence North 01 °00'31" East, a distance of39.02 feet;
10) Thence North 88°59'29" West, a distance of39.50 feet;
11) Thence North 01 °00'31" East, a distance of 40.17 feet, more or less, to a point on said centerline
of19th Street;
12) Thence South 89°10'16" East, along said centerline, a distance of 124.01 feet, more or less, to
the True Point of Beginning.
Containing 0.26 acres, more or less.
'?JK(,
EXHIBIT too 0'J~
S: ;:~
f..:J ('I
ORIC!NAL
____ _....___.__,.__.,_..._._._.~.n._...~__...__,.___.__.__.______,____.___.___
o
"0;_
~~
.~
~~
~
~-
~
, ~
."
OW
."
~x
~ E
,0
3~
,~
8~
~g
g~
..
,.
Vi'"
~~
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 4-40, OAK, 19n-t SW) TO n-tE
CONSOUDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
DISTRICT BOUNDARY
L12
L11
L10
L9
ro. CONe. MON. IN LAMPHOLE
W/BRASS DISK PER R.S. NO. 2403,
BK. 22, PG. 195
TPO.B~<f 19TH STREET
S 89d10'16" E 263.13'
"
e
ci
~
b~
w
w
~I!'
~
~
~~
«
we
L1
LINE TABLE
L6 UNE DIRECTION DI5TANCE
L1 500'S1'S4"W S8.24' ß
LS L2 549'4S'09"W 143.03'
L3 NOO'S1'S4"E 16.09'
L4 N44'08'06 23,41
LS ND1'OO 31 E 19.3S /"01
L6 588'S9'29"E 29.S0' D
L7 N01'OO'31~E 21.03' NOT TO SCALE
L8 588'S9'29"E 10.00'
L9 N01'00'31"E 39.02'
L10 N88'S9'29"W 39.S0'
L11 NOrOO'31"E 40.17'
L12 589'10'16"E 124.01'
FILED IN THE ornCE OF THE CITY CLERK THIS _ DAY
Of 20_"
CIT'( CLERK OF THE CITY OF
BA!ŒRSflELO, CAUFORNIA
.6.N ASSESS~ENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS,
PIECES AND PARCELS OF LAND SHO'MII ON THIS ASSESSt.tENT DIAGRAtr.1.
SAID ASSESSt.4ENT WAS LEVIED ON THE _ DAY OF
20---.: SAID "SSESSt.4ENT DIAGRAt.4 AND
THE ASSESSt.tENT ROLL WERE RECORDED IN mE OFFICE OF THE
DEPARNENT OF PUBLIC WORKS Of SAID CITY ON THE DAY
OF 20__ REFERENCE IS MADE TO THE
ASSESSMENT ROLL RECORDED IN THE OffICE Of THE DEPAR1MENT OF
PUBLIC WORKS FOR THE EXACT AIoIOUNT OF EACH ASSESSMENT LEVIED
AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSIoIENT DIAGRAIoI.
CITY CLERK OF THE CITY OF
BAKERSFIELD, CAUFORNIA
FILED FOR RECORD THIS _ DAY OF
20--, AT _ __1.1., IN BOOK _ OF ASSESSMENT
DIS'fRICTS AT PAGE _ IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF KERN, ST"TE OF CAUFORNjA.
JAhAFS W FITCH
COUNTY ASSESSOR-RECORDER
BY
CHIEF DEPUTY RECORDER
RECORDED IN THE OFFICE OF THE DEF'ARrMENT OF PUBUC WORKS
THIS _ OAY Of 20_
DIRECTOR Of PUBLIC WORKS
BAKERSFIELD, CAUFO~I'1\ ¡..' ".
v'> \(--'9
C;' \~
EXHIBit- 'B'
F1LE: MD4-40q~ ,
(1~i" I
,...
t:)
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): The number of Equivalent Dwelling Units (EDU's as
defined on page 2 of this exhibit) for the parcel, and;
Multiplied by (t): The factor for the tier level, which equals the street
tier number, and;
Divided by (b): The total number of street EDU's in the district.
(1) = S x a x t
b
(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): The factor for the tier level, which equals the park tier
number, and;
Divided by (b): 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. Maintenance Districts for new developments
formed after January 12, 2005 shall be assessed per Attachment A of Resolution 019-
05 adopted by the City Council on Jan 12, 2005.
-;¡)i~g ¡'
EXHIBIT ..~ c'-S:r
'""
Page 1 013 [!i
C'_" (-.::;-;
¡ ::"::C!~~Þ\L
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:
Single Family (Detached)
Dwelling Unit, less than
5 acres
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
USE
Agricultural Zone
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.
~. ~Ar;~~;.)
0:'< -'p
,-
EXHIBIT "C" >- '"
\-- fT1
Page 2 of 4 '0 :;
OR:cJNAL
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.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parkside Villaae (2-01)
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 & Verduao (1-09)
Seven Oaks, North (2-11) & South (2-20)
Miramonte, 178 (4-13)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Villaae Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage '< \òAh¡::Á!
o '(fì
';"n
EXHIBIT "C" ;: iñ
Page 3 of 4 ê>OH:iJiI'AIS-
-"'-" "-'--'.'---"'---"~"'---'---'"'-"""-'--"~-'---'--.-..-----.--.--..----.---
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, Callowav (1-15)
Coffee, Gosford (2-15)
Stockdale, Buena Vista SW (2-22)
ExhC05Revised.doc
5-04-05
EDU
REMARKS
3
Per parcel
0.71/unit
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
6/acre
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).
Park maintenance fee to be
paid per Ordinance No. 3957.
EXHIBIT "C"
Page 4 of 4
<91\1\,:::",
.'< ')'1'
o \,'(,
>- -.:-:
,"
I-:: ;--
'0 '.)
on:Cihp,_~.
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-40
Said assessment is made in accordance with the benefit formula attached hereto.
2005-2006
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
$0.00
Less: City Contributions
$0.00
$0.00
Estimated Beginning Fund Balance(Deficit)
NET AMOUNT TO BE ASSESSED
$0.00
. <¿,I'-K[.y
,~ \..0
'-.J ~:
EXHIBIT ''Ò'' !-"!
t) ()
Crl:C!N,I\L
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-40
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total amount to
be collected for
FY 2005-2006
332-460-13-00-2
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
, r II i~
'(:'~"\'>ÇJ
c<':-, (¡y
.) -1;
, -
-- rq
'r- r'~
, " (~l
-"cn:c:NÞf