HomeMy WebLinkAboutROI NO 1436
RESOLUTION OF INTENTION NO. 1436
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-44 (CHESTER AVENUE, 24th
STREET TO GARCES CIRCLE), TO THE
CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, ZONE OF
BENEFIT, AND THE AMOUNT OF ASSESSMENT TO BE
LEVIED AGAINST EACH PARCEL, AND SETTING TIME
AND PLACE FOR HEARING PROTESTS TO THE
PROPOSED ADDITION OF TERRITORY.
WHEREAS, Chapter 13,04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for a procedure by which the City Council may provide for the
payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the several lots or parcels of property within the
maintenance district established therefore; and
WHEREAS, the City proposes to install street landscaping including trees,
tree grates, automatic irrigation, lights with banners and trash cans in CHESTER
AVENUE between 24th STREET AND GARCES CIRCLE; and
WHEREAS, the Public Works Director recommends addition of territory to
the Consolidated Maintenance District; and
WHEREAS, it is the intention of the Cit~ Council of the City of Bakersfield
to add territory, Area 4-44 (CHESTER AVENUE, 24t STREET TO GARCES CIRCLE),
to the Consolidated Maintenance District, said area is generally described in Exhibit "A"
attached hereto, to maintain and operate the local improvements including street
landscaping; and
WHEREAS, the Public Works Director has on this date filed with the City
Clerk his Report, attached hereto and incorporated herein by reference as Exhibit "1 ",
containing the following:
(a) a description of the boundary of the additional territory, attached
hereto as Exhibit "A"; and
(b) a map and assessment diagram of the additional territory, attached
hereto as Exhibit "B"; and
(c) the benefit formula set forth as Exhibit "C"; and
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(d) a budget, Exhibit "0," containing the matters specified in Section
13.04,120 of the Bakersfield Municipal Code; and
(e) the amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E",
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1 , The foregoing recitals are true and correct and are incorporated
herein,
2, The City Council hereby preliminarily adopts and approves the
Public Works Director's Report and declares that the territory within the boundaries so
specified and described is the area (Area 4-44, CHESTER AVENUE, 24th STREET TO
GARCES CIRCLE) benefiting from said local improvements; that the expense of
maintaining and operating said improvements is hereby made assessable upon said
area; and that the exterior boundaries thereof are hereby specified and described to be
as shown on that certain map marked Exhibit "B", entitled "Map and Assessment
Diagram for Addition of Territory, (Area 4-44, CHESTER AVENUE, 24th STREET TO
GARCES CIRCLE) to the Consolidated Maintenance District, Bakersfield, California,"
which map indicates by a boundary line the extent of the territory to be added to the
Consolidated Maintenance District and shall govern for all details as to the extent of the
addition,
3. Each parcel identified in Exhibit "E" is included in the Street
Landscape Zone of benefit and is assessed an amount as 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,
4. The City Council hereby fixes Wednesday, May 24, 2006, at 6:30
PM, or as soon as thereafter as may be heard, at the Council Chambers of the City
Council, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for hearing
protests on the following matters:
ADDING TERRITORY TO THE DISTRICT;
SETTING THE BOUNDARIES OF THE ADDITIONAL
TERRITORY;
FAIRNESS OF THE BENEFIT FORMULA;
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ZONE OF BENEFIT (STREET AND/OR PARK) INCLUDING
TIER LEVEL;
THE AMOUNT OF THE ASSESSMENT ON ANY PARCEL
OF PROPERTY TO BE ASSESSED;
RESERVATION BY CITY OF THE RIGHT TO ELECT
WHETHER TO PROCEED TO PERFORM WORK BY CITY
FORCES,
Any interested person may object to any of the above listed matters by
filing a written protest with the City Clerk at 1501 Truxtun Avenue, Bakersfield,
California, at or before said time set for the protest hearing; and said City Clerk shall
endorse on each protest the date and hour of its receipt, and at said hearing shall
present to the Council all such protests filed with said Clerk.
5, The City Clerk is hereby further directed to cause notice of said
protest hearing to be published and mailed in the manner prescribed by Chapter 13,04
of the Bakersfield Municipal Code, and to mail to each property owner a notice of
proposed assessment and assessment ballot in compliance with Proposition 218,
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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
APR 5 2006 , by the following vote:
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NOES:
ABSTAIN:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER '~~~~
CITY CLERK and Ex Officio Cle of the
Council of the City of Bakersfiel
APPROVED:
APR 5 2006
HAR~A~ -
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:~m,~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
S:IPROJECTSIMAI NDIST\ROIIMD4-44roi06. DOC
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-44 (CHESTER AVENUE, 24TH STREET TO
GARCES CIRCLE)
Fiscal Year 2005-2006
Area 4-44 (CHESTER AVENUE, 24TH STREET TO GARCES CIRCLE),
which is an addition of territory to the Consolidated Maintenance District, is generally
described as an area bounded by Garces Circle on the north, K Street on the east, 24th
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 street
landscaping improvements. The improvements generally include, but are not limited
to, trees, irrigation system, conduits, lights with banners and trash cans, 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 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 4-44 (CHESTER AVENUE, 24TH STREET TO
GARCES CIRCLE) is being added to the Consolidated Maintenance District for the
maintenance of street landscaping. The area will be assigned the appropriate street tier
in the Consolidated Maintenance District. Each parcel will be assessed based on an
Equivalent Dwelling Unit basis,
EXHIBIT "1"
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All parcels within this additional territory shall be assessed an amount per
parcel as set forth in Exhibit "C". However, parcels will not be assessed until street
landscape improvements have been installed, When street landscape improvements
have been completed, street tier 4 assessments will be assessed at the amounts set
forth in Exhibit "E",
The area will consist of nonresidential use, thus all parcels within the area
will be affected, Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
Public 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 area (Area
4-44, CHESTER AVENUE, 24TH STREET TO GARCES CIRCLE), subject to be
assessed to pay the cost of maintenance and operation in said area,
Dated:
.3/20/0('
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 4-44
Being a portion of Section 19 and 30, Township 29 South, Range 28 East, M,D,B,&M" as shown on
Map of the City of Bakersfield, Northern Division, dated November 21, 1898, more particularly
described as follows:
Beginning at a point of intersection on the south right of way line of Golden State Highway and the east
right of way line of Chester Avenue being II feet nortb of the southwest corner of lot 14 in Block 554 of
the City of Bakersfield Tract, said point being the True Point of Beginning;
I) Thence along the south right of way line of Golden State Highway in a northeastly direction a
distance of 59,74 feet to intersect a point on the north line of lot 13 of Block 554;
2) Thence from said point south easterly along the last named right of way line a distance of 95,35
feet to intersect the east property line of lot 15, said point also being the west right of way line of
the alley in Block 554:
3) Thence south along said alley right of way and east property lines south a distance of 1960,75,
more or less to intersect the center line of 24th Street;
4) Thence west along said center line of said 24th Street a distance of 359,50 feet, more or less to
intersect the west property line of lot I in Block 125 City of Bakersfield Tract;
5) Thence nortb along the east right of way line of the alley in the last named Block 125 also being
the west lot lines of Block 125, lots I through 10 Block 125 a distance of 1996,50 feet, more or
less to intersect the north west corner of lot lOin Block 555 of the City of Bakersfield Tract;
6) Thence east along the last named lot lOaf Block 555 a distance of 14 feet also being the south
right of way of Golden State Highway;
7) Thence southeasterly a distance of 41.86 feet to intersect a point on the south line of lot lOin
Block 555;
8) Thence southeasterly a distance of 41,56 feet to intersect a point on the south line of lot 9 in
Block 555;
9) Thence southeasterly a distance of 59,84 to intersect a point on the east line of lot 7in Block 555,
said point also being the west right of way line on Chester Avenue;
10) Thence east a distance of 115,5 feet across Chester Avenue to intersect the east right of way line
of Chester A venue, said point, also being the True Point of Beginning,
Containing 16 acres, more or less,
EXHIBIT "A'\i,'.,.
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MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 4-44, CHESTER, 24TH TO CIRCLE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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28th !î! STREET
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27th STREET
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NOT TO SCALE
istrict Boundo.ry
23th
STREET
fI.ED IN THE omœ: Œ M CITY a.£RI( 1IfS _ DAY
Of 2L..
FLED fOR R£CCRD THIS _ DAY Œ
20..... AT _ ----"-. IN BOa< _ ΠASSESSMENT
DISTRICTS AT PAGE _ IN THE omœ: OF 1)£ CCUNTY
RECOII)ER aF THE COUNTY Œ IŒRN. STATE Œ CALf'ORNA.
CITY CLERK aF 1HE CITY OF
BNŒRSFJEU). CALFORMIA
.JA"~ W nTCH
CWNTY ASSESSOR-REcauR
BY
AN ASSESSWENT WAS L£IAED 8Y n£ CITY COUNCIl.. ON 11£ LDTS,.
PIECES AND PARŒLS Œ LAND ~ ON ntS ASSESSWENT DlAQftAW.
SAI) ASSESSMENT WAS LÐ1ED ON 'PIE _ DAY Œ
1(L; $AI) ASSESSIIIENT DIAGRAM AND
THE ASSESSIENT ROU. 'flIER[ R£CORDED IN 1HE omcE Of 1HE
DEPARTMENT OF' Pt8JC WORKS Of SAI) CITY ON THE _ DAY
Of 2CL. REFERENCE IS WADE TO n£
ASSESSMENT RO..l RECORDED .. THE omœ: Of M DEPAA'ßIENT OF
PUIIJC 'MIRKS fOR 1M[ EXACT AMOUNT Of EACH ASSESSMENT LÐ1ED
AGAINST EAQt PARŒL Of LAND SH<MN ON THIS ASSESSMENT DIAGRAM.
CHIEf DfPUTY RECORDER
REctR)[[) IN THE OFFICE C1F THE DEPARTIoIEHT OF PUllJC WORkS
'THIS_DAYCF 20......
DIRECTOR ΠPUBUC WORKS
BAIŒR!JF1£1D, CAUFORNOA
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CITY CLERK Of THE CITY Of
BAIŒRSFIELD,CAl..FCRNA
EXHIBIT "B"
f1L£; MD 4-44 SHEET 1 o! 1
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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
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): 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 for areas formed prior to
January 12, 2005 have been frozen at the 1996-1997 level. Areas formed after January 12, 2005 will be
assessed an amount not to exceed $146.70 for 2005-2006, 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.
EXHIBIT "C"
Page 1 of 4
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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
EDU REMARKS
1,0 Per parcel
1,0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
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)
O,71/unit
Undeveloped R-2, R-3
O,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
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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 VillaQe (2-01)
Single Family
Dwelling Unit (Vineyard)
1,0
Multi-Family
Dwelling Unit (Shores)
O,86/unit
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
O,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
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EXHIBIT "C" CY
Page 3 of 4
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USE
EDU
REMARKS
Union Avenue(4-07)
Non Residential
3
Per parcel
Silvercreek (3-04)
370-022-04 O,71/unit
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No, 22-94
Chester Avenue (4-11, 4-16 & 4-44)
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, Callowav (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,
S:IPROJ ECTSIMAINDISTlExhibitCIExhC _06.doc
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EXHIBIT "C\!)
Page 4 of -4
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-44
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
Estimated Beginning Fund Balance(Deficit)
$0,00
Less: City Contributions
$0,00
NET AMOUNT TO BE ASSESSED
$0,00
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EXHIBIT liD"
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-44
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
005-371-01-00-3
005-371-02-00-6
005-371-03-00-9
005-362-06-00-2
005-362-05-00-9
005-362-04-00-6
005-341-01-00-4
005-341 -03-00-0
005-341 -04-00-3
005-341-05-00-6
005-352-07-00-2
005-352-06-00-9
005-352-05-00-6
005-352-04-00-6
002-141-12-00-7
002-141-13-00-0
002-141-07-00-3
002-141-08-00-6
002-141-09-00-9
002-132-04-00-8
002-132-10-00-5
002-161-06-00-6
002-161-07-00-9
002-161-08-00-2
002-161 -09-00-1
002-161-10-00-7
002-172-05-00-3
002-172-03-00-7
002-172-04-00-0
002-172-12-00-3
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Total amount to
be collected for
FY 2005-2006
$0.00
$0,00
$0.00
$0.00
$0.00
$0.00
$0,00
$0,00
$0.00
$0.00
$0,00
$0,00
$0,00
$0.00
$0,00
$0.00
$0.00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0.00
$0,00
$0.00
$0,00
$0,00
$0,00
$0.00
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EXHIBIT '~E"
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002-191-02-00-3
002-182-04-00-9
002-182-03-00-0
002-182-02-00-7
002-182-01-00-4
002-221-02-00-1
002-232-11-00-7
002-232-10-00-4
$0.00
$0.00
$0.00
$0,00
$0.00
$0.00
$0,00
$0.00
Total
$0,00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "È0
Page 2")
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
COUNTY OF KERN )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the ..L day of April ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No, 1436,
passed by the Bakersfield City Council at a meeting held on the 5th day of April. 2006
and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
4-44 (CHESTER AVENUE, 24TH STREET TO GARCES CIRCLE), TO
THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, ZONE OF BENEFIT, AND
THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH
PARCEL, AND SETTING TIME AND PLACE FOR HEARING PROTESTS
TO THE PROPOSED ADDITION OF TERRITORY,
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~~
DEP . Clerk
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