HomeMy WebLinkAboutRES NO 092-07
RESOLUTION NO.
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A RESOLUTION ADDING TERRITORY, AREA 4-52 (19TH,
EYE W), 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. 1444, adopted April 25, 2007, declared its
intention to add territory, Area 4-52 (19th, Eye W), 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 4-52 (19th, Eye W), as shown and designated on that certain
map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-52 (19th,
Eye W), 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 4-52 (19th, Eye W), 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 4-52 (19th, Eye W), 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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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
MAY 9 2007 , by the following vote:
(illi)
NOES:
ABSTAIN:
ABSENT:
~,;/ ..........--- ....--- - -- ......--
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCI LMEMBE R
COUNCI LMEMBE R
IIdvitf CITY CLERK and Ex Off' Clerk of the
U Council of the City of Ba ersfield
APPROVED:
MAY 9 2007
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By; 4vcw ~ 4wtr
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S :\PROJ ECTS\MAI N DIST\RESOL_EST AB\MD4-52Est07 .doc
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ORI<:)IN,4,l.
3. Exhibits "A" and "B" describe the additional territory, Area 4-52 (19th,
Eye W).
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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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-52 (19TH, EYE W)
Fiscal Year 2006-2007
Addition of territory, Area 4-52 (19th, Eye W) to the Consolidated
Maintenance District is generally described as an area consists of two parcels identified
with assessor's tax numbers (ATN's) 005-491-06-00-3 and 006-011-04-00-4 and are
located on the west side of Eye Street and to the north and south of 19th Street as
specifically shown on Map and Assessment Diagram marked Exhibit liB," 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
street pavement, street lighting, street medians, drinking fountains and street
landscaping and related 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 4-52 (19th, Eye W) 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
EXHIBIT "1"
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ORIGINAL.
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
street landscaping have been installed. When street landscape improvements have
been completed, the appropriate 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 consist of non-residential uses and will be benefited from
improvements planned for the 19th & Eye Streets Intersection Improvement Project
being designed and funded by the City of Bakersfield (CDBG), thus all parcels within the
area will be affected. Sensory benefits from installing pavement, street lighting and
street landscaping are security, aesthetic enhancement and open space enjoyment.
Public median and street landscaping will benefit all the lots or parcels in
the area 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 4-52 (19th, Eye W), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
(' --\1...,{ ~
.-.RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 4-52
Note: For the purposes of this description, Eye Street is assumed to bear north and
south.
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 30, T 29 S, R 28 E, M.D.B.&M., as shown on Map of the City
of Bakersfield, Northern Kern Division, dated November 21, 1898, and more particularly
described as follows:
Beginning at the southwest corner of the north half of Block 245 of the Kern
Division, also being the intersection of the north right of way line of Wall Street
(33.00' width) and the east right of way line of Eye Street (82.50' width), said
point being the TRUE POINT OF BEGINNING;
THENCE (1) North, along said east right of way line, a distance of 320.00 feet, to
a point of intersection on the east right of way line of Eye Street and the
prolongation of the south right of way line of the alley in Block 235;
THENCE (2) West, along said south right of way line and the prolongation
thereof, a distance of 188.50 feet;
THENCE (3) South, a distance of 204.50 feet to a point on the north line of Block
244 of said Kern Division, also being a point on the south right of way line of 19th
Street (82.50' width);
THENCE (4) East along said right of way line a distance of 40.00 feet;
THENCE (5) South a distance of 115.50 feet, to a point on the north right of way
line of Wall Street;
THENCE (6) East, along said north right of way line of Wall Street, a distance of
148.50 feet to meet the east right of way line of Eye Street at a point which is
also being the southwest corner of the north half of Block 245 of Kern Division
and the TRUE POINT OF BEGINNING.
EXHIBIT "A"
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ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 4-52, 19th, EYE STREET, WEST) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE
20th Street
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19th Street l.--- DISTRICT
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18th Street
fUD IN 1HE _ OF 1HE 0lY QSI( 'IllS _ DAY
OF IQ.-
fUD FIll IIECllIlD 'IllS _ DAY OF
IQ.- AT _ _lI., IN 1OlIIl_ OF ~
IlIS1IIC1S AT ~_ _ IN 1HE cmcE OF 1HE CllUNTY
__ OF 1HE CllUNTY OF -. STAlE OF ~
0lY QSI( OF 1HE 0lY OF
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IT
AN ~ WAS LE\IlED IT 1HE 0lY COUIlCL ClII 1HE LDlS,
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PIaJC _ FIll 1HE EXACT ~ OF EACH ~ LE\IlED
ADAINST EACH ~-. OF I.NIII _ ClII 'IllS ~ 1lINlRAII.
CHEF IlIPUTY __
_ IN 1HE _ OF 1Itt: IlEPNmIENT OF PIaJC _
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EXHIBIT -B- x ~ K~-9o>
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ORIGINA
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. ~ ~M~-9
EXHIBIT "C" ~ ~
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Page 1 of 4 0 S
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
1.0
REMARKS
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 .OO/unit
Mixed Use
Each calculated per the
above.
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EXHIBIT "C" ~ -9~
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ORIGINAL
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 & Verdugo (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
EXHIBIT "C"
Page 3 of 4
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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)
Wall Street (4-25)
Baker Street (4-24)
Baker Street II (4-29)
19TH, Eve, W (4-52)
Stockdale, Callowav (1-15)
Coffee. Gosford (2-15)
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).
Stockdale. Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
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EXHIBIT "C" >-~ ~
Page 4 of 4 S [;
ORIGINAL
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-52
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
$0.00
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
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EXHIBIT "Q" G
ORIGINAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-52
ASSESSMENT ROLL
FISCAL YEAR 2006-2007
Assessor's Tax No.
Total amount to
be collected for
FY 2006-2007
005-491-06-00-3
006-011-04-00-4
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT IIEII
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ORIGINAL