HomeMy WebLinkAboutRES NO 153-06
RESOLUTION NO. 1 5 3 .. 0 6
A RESOLUTION ADDING TERRITORY, (CHESTER
AVENUE, 24TH STREET TO GARCES CIRCLE), 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. 1436, adopted April 5, 2006, declared its
intention to add territory, AREA 4-44 (CHESTER AVENUE, 24TH STREET TO
GARCES CIRCLE), 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 4-44
(CHESTER AVENUE, 24TH STREET TO GARCES CIRCLE), as shown and
designated on that certain map entitled Map and Assessment Diagram for Additional
Territory, AREA 4-44 (CHESTER AVENUE, 24TH STREET TO GARCES CIRCLE), 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 sent notices and ballots to each
property owner of record within the additional territory, AREA 4-44 (CHESTER
AVENUE, 24TH STREET TO GARCES CIRCLE), in compliance with the Proposition
218, the Brown Act and the Bakersfield Municipal Code concerning the assessments for
and inclusion in the Consolidated Maintenance District.
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. This Council finds and determines that, for purposes of the majority
protest provisions of Section 53753 of the California Government Code, the assessment
ballots signed and returned to the City Clerk prior to the close of the public hearing on
May 24, 2006 do not constitute a majority protest.
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3. The Council hereby adds territory, AREA 4-44 (CHESTER AVENUE,
24TH STREET TO GARCES CIRCLE), 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.
4. Exhibits "A" and "B" describe the additional territory, AREA 4-44
(CHESTER AVENUE, 24TH STREET TO GARCES CIRCLE).
5. 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 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.
6. The Kern County Tax Collector is hereby authorized to collect such
assessments.
7. 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.
8. 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.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of6the City of Bakersfield at a regular meeting thereof held on
MAY 2 4. 200 , by the following vote:
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ìlJt>ES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM. MAGGARD, COUCH, HANSON, SULLIVAN, SCHIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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CITY CLERK and Ex Officio Cler
Council of the City of Bakersfield
APPROVED: MAY 2 4. ZOOt)
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HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~Jrt ~
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S:IPRQJ ECTSIMAIN DISTìRESOL_ EST ABIMD4-44Est. DOC
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ORIGINAl
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 generall~
described as an area bounded by Garces Circle on the north, K Street on the east, 24t
Street 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 and lighting 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 and lighting. 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 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 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.
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 and lighting 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 "D" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional 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:
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RAU( 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 north of the southwest comer 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 north 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 10 of 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 Avenue, said point, also being the True Point of Beginning.
Containing 16 acres, more or less.
EXHIBIT "A"
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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 ~ STREET
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27th STREET
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NOT TO SCALE
istrict Boundary
23th
STREET
FLED IN THE OffICE or THE CITY a.DIK THIS _ DAY
OF "'-
FLED FOR RECORD THIS _ DAY Of'
2CL.. AT _ _M., IN BOCK _ or ASSESSMENT
DIS1RICTS AT PN1£. _ IN n£ OFFIŒ or THE COUNTY
RECORDER Œ 1WE COUNTY OF 1CEItÞ4. STATE OF CAl..lf'CRr4IA.
CITY Q.ER ( Π1HE CITY OF
BNŒRSFIElD. CAUFORNIA
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COUNTY ~-RECORDER
BY
AN ASSESSIENT WAS I.fIAED BY 1)£ CITY CCUNCIl ON M LOTS.
PIECES AND PARCELS OF I..AfrI) SHOWN ON ntS ASSESSIENT DIAGRAM.
SAI) ASSESSME:NT WAS I.EWD ON THE _ DAY Of
20....; SAID ASSESatENT DIAGRAM AND
THE ASSESSMENT ftW.. .. RECORDED IN Tt£ OffICE OF THE
DEPNmIDIT or PU8UC WORKS OF SAID aTY ON 1)£ _ DAY
Of' 20........ R£FERENCE IS NAOE TO 1HE
ASSESSMENT RQ..l RECORDED IN 11£ OFFICE Of' 110£ DEPARTMENT OF
PUIIUC WORkS FOR Tt£ EXACT AllJUNT or EAQi ASSESSMENT L£YIED
AQAINST EAOI PAAŒl Of LNI) SHOWN ON 1HIS ASSESSMENT DIAGRAM.
CHI£F DEPII1Y ........
RECORDED IN THE OFFICE Of 11£ DEPAR'IMEHT or PUBUC WORKS
THIS_DAY a'" 2fL...
DIRECTOR OF PU8UC WORKS
BAICERSFIELD,CAI..IF'ORNIA
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CITY a.ERK OF THE CITY OF'
BAKERSFJEU), CAUFORfrIA
EXHIBIT "B" ,-
flLEo lAD 4-44 SHrrT 1011
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. ~Mt::
EXHIBIT "c" ð- ~<!;,
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ORIGINAl
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)
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.
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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 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)
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
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ORIGINAl
USE
EDU
REMARKS
Union Avenue(4-07)
Non Residential
3
Per parcel
Silvercreek (3-04)
370-022-04 0.71/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, 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.
S :IPROJECTSIMAI NDlsnExhibitCIExhC _ 06_Rev 3-22-06.doc
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EXHIBIT "C",: '.;
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ORIGINAL
EXHIBIT "0"
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)
Estimated Beginning Fund Balance(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$0.00
EXHIBIT
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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
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 '~" fij
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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
Total
Date:
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$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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