HomeMy WebLinkAboutRES NO 038-07
RESOLUTION NO. 0 3 8 - 0 7
A RESOLUTION ADDING TERRITORY, AREA 4-69
(UNION, E. CALIFORNIA NE), 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. 1504, adopted February 7, 2007, declared its
intention to add territory, Area 4-69 (Union, E. California NE), 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 4-69 (Union, E. California NE), as shown
and designated on that certain map entitled "Map and Assessment Diagram for Addition
of Territory, Area 4-69 (Union, E. California NE), to the Consolidated Maintenance
District, Bakersfield, California," for Fiscal Year 2006-2007 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 4-69 (Union, E. California NE), 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:
reference.
1. The foregoing recitals are true and correct and incorporated herein by
2. The Council hereby adds territory, Area 4-69 (Union, E. California NE),
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.
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3. Exhibits "A" and "B" describe the additional territory, Area 4-69 (Union,
E. California NE).
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 2006-2007 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.
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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
rrFl a 8 2007 ,by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
.ri\e
CITY CLERK and Ex Offici Clerk of the
Cou ncil of the City of Bakersfield
APPROVED:
FEB 2 8 2007
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:~1h-~
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD4-69Est05.doc
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-69 (UNION, E. CALIFORNIA NE)
Fiscal Year 2006-2007
Addition of territory, Area 4-69 (Union, E. California NE) to the
Consolidated Maintenance District is generally described as an area bounded by Chico
Street on the north, Tulare Street on the east, E. California Avenue on the south and
Union Avenue 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 4-69 (Union, E. California NE) is being added to
the Consolidated Maintenance District for the maintenance of a park and public street
EXHIBIT "1"
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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 2006-2007 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 4-69 (Union, E. California NE), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
2/1" 'i/O'J-
RAULM.~
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 4-69
Being a portion of the Southwest quarter of Section 29, Township 29 South, Range 28 East,
M.D.B.&M., more particularly described as follows:
Beginning at the Southwest comer of said Section 29, said point being the centerline intersection of
Union Avenue and East California Avenue; thence North 89049'50" East, along the South line of said
Section 29 and centerline of East California Avenue, a distance of 57.75 feet to the True Point of
Beginning;
1) Thence continuing along said South line and centerline, North 89049'50" East, a distance of
538.57 feet, more or less, to the centerline intersection of East California Avenue and Inyo
Street;
2) Thence along the centerline ofInyo Street, North 16020'12" East, a distance of 433.32 feet, more
or less, to the centerline intersection of Inyo Street and Alpine Street;
3) Thence along the centerline of Alpine Street, South 73040'27" East, a distance of 480.12 feet,
more or less, to the centerline intersection of Alpine Street and Tulare Street;
4) Thence along the centerline of Tulare Street, North 16020'23" East, a distance of 800.14 feet,
more or less, to the centerline intersection of Tulare Street and Chico Street;
5) Thence along the centerline of Chico Street, North 73039'38" West, a distance of 480.16 feet,
more or less, to the centerline intersection of Chico Street and Inyo Street;
6) Thence along the centerline ofInyo Street, South 16020'12" West, a distance of 400.11 feet,
more or less, to the centerline intersection of Inyo Street and Butte Street;
7) Thence along the centerline of Butte Street, North 73040' 19" West, a distance of 480.11 feet,
more or less, to the centerline intersection of Butte Street and Sonora Street;
8) Thence along the centerline of Sonora Street, South 16020'22" West, a distance of 400.14 feet,
more or less, to the centerline intersection of Sonora Street and Alpine Street;
9) Thence along the centerline of Alpine Street, North 73040'27" West, a distance of205.17 feet,
more or less, to a point on the Easterly right-of-way of Union Avenue;
10) Thence along said Easterly right-of-way, South 00015' 45" West, a distance of 61 0.08 feet, more
or less, to the True Point of Beginning.
Excepting therefrom the following described parcel:
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Beginning at the centerline intersection of Inyo Street and Alpine Street; thence along the centerline of
Inyo Street, North 16020'12" East, a distance of200.06 feet; thence departing said centerline, North
73040'19" West, a distance of 190.04 feet; thence South 16020' 17" West, a distance of200.06 feet;
thence South 73040'27" East, a distance of 190.05 feet, more or less, to the Point of Beginning.
Also excepting therefrom that portion located within APN 016-500-02.
Containing 18.67 acres, more or less.
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EXHIB13 "A" S
Page ~RIGlNAL
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MAP AND ASSESSMENT DIAGRAM
FOR ADDI110N OF lERRrTORY
(AREA 4-69 UNION, E. CAUFORNIA NE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
SW COR. SEC. 29
129S/R28E, P.D.B.
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APN
016-500-02
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____________1___
N 89'49'50" E 5JB.57'
T.P.D.B.
NOT TO SCAlE
f1l.ED IN '!HE Of'FlCE (J' THE OTY a.ERK THIS _ DAY
(J' 20....
FlUll FOR RECCRl THIS _ DAY C1F
20..... AT _ ~II.. IN BOOK _ (J' ASSESSIolENT
IllSlRlCTS AT PAGE _ IN THE Of'FlCE C1F THE COUNTY
RECORDER C1F THE COUNTY (J' KERN, STAlE C1F CAIJf'DRNIA.
OTY a.EIlK OIF THE OTY OIF
IlAI<ERSF1E1.D, CAL.FDRNlA
JAUES W FITCH
COUNTY ASSESSOR-RECQRllER
BY
AN ASSESSIolENT WAS lE'tIED BY THE OTY COUNCIl. ON THE LOTS,
PIECES AND PARca.s (J' LAND SHOWN ON THIS ASSESSIolENT IllACRAII.
SAID ASSESSIotENT WAS LnlED ON THE _ DAY (J'
2CL; SAID ASSESSIlENT p1A_ AND
THE ASSESSIolENT RllU.. llERE REcalDED IN THE Of'FlCE (J' THE
DEPARlWENT (J' PUIlUC WORKS OIF SAID OTY ON THE _ DAY
C1F 20..... REFERENCE IS IIADE TO THE
ASSESSWENT RllU.. RECORDED IN THE Of'FlCE C1F THE DO'ARlWENT (J'
PUIlUC WORKS f"OR THE EXACT AllOUNT (J' EAai ASSESSIolENT lEWJl
AllAINST EAai PARCEl. (J' LANll SHOWN ON THIS ASSESSIolENT IllACRAII.
ailEI' DEPUTY RECQRllER
RECORDED IN THE Of'FlCE (J' THE DEPARlWENT (J' PUBUC WORKS
THIS _ DAY (J' 20~
DIRECTOR (J' PUIlUC WORKS
BAKERSflEI.D, CAUf"ORNIA
OTY a.ERK C1F THE OTY (J'
BAKERSflEI.D, CAUf"ORNIA
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EXHIBB' -8- &
A~ IoID4-690AJG/NAL
.'
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. ~ ~AI(C'1>
EXHIBIT "C" ~ c;
Page 1 of 4 5 G
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
EDU
1.0
REMARKS
Agricultural Zone
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.
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EXHIBIT "Ct ~
Page 2 of ~0f'UCIIM~
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)
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
EXHIBIT l' Q>~I(~-2
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ORIGINAL
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)
Stockdale. Buena Vista SW (2-22)
S:\B30\211-00\docs\ExhC_06.doc
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
Area for each parcel is based
6/acre
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.
~~ICE'~
EXHIBIT t" ~
Page 4 4 b
ORIGINAL
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 4-69
Said assessment is made in accordance with the benefit formula attached hereto.
2006-2007
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
EXHIBIT
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-69
ASSESSMENT ROLL
FISCAL YEAR 2006-2007
Assessor's Tax No.
Total amount to
be collected for
FY 2006-2007
016-500-03-00-9
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E" <o~K~~
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