HomeMy WebLinkAboutRES NO 046-08
RESOLUTION NO. ~
A RESOLUTION ADDING TERRITORY, AREA 4-83 (E.
BRUNDAGE, MT. VERNON SE), 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. 1593, adopted February 27, 2008, declared its
intention to add territory, Area 4-83 (E. Brundage, Mt. Vernon SE), 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 4-83 (E. Brundage, Mt. Vernon SE), as
shown and designated on that certain map entitled "Map and Assessment Diagram for
Addition of Territory, Area 4-83 (E. Brundage, Mt. Vernon SE), to the Consolidated
Maintenance District, Bakersfield, California," for Fiscal Year 2007-2008 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 4-83 (E. Brundage, Mt. Vernon SE), 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 4-83 (E. Brundage, Mt. Vernon
SE), 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 4-83 (E.
Brundage, Mt. Vernon SE).
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 liD") 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 2007-2008 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
MAR 1 2 2008 , by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARS~AM, WEi'R, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER (1~
COUNCILMEMBER II\AJY\....!L
fI~s-t .
APPROVED: MAR 1 2 Z008
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:~~
Attachments
Exhibit "1 II
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit liE"
MD4-83Est05.doc
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ORIGIf\JAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-83 (E. BRUNDAGE, MT. VERNON SE)
Fiscal Year 2007-2008
Addition of territory, Area 4-83 (E. Brundage, Mt. Vernon SE) to the
Consolidated Maintenance District is generally described as an area bounded by E.
Brundage Lane on the north, a line approximately 1S mile east of Mt. Vernon Avenue on
the east, State Highway Route No. 58 on the south and Mt Vernon Avenue on the west
as specifically shown on Map and Assessment Diagram marked Exhibit liB, II 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 4-83 (E. Brundage, Mt. Vernon SE) is being
EXHIBIT "1"
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added to the 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 non-residential use, thus all parcels within the area
will be affected. Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
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 2007-2008 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 4-83 (E. Brundage, Mt. Vernon SE), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
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RAUL~-
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 4-83
Being a portion of the Northwest quarter of Section 3, Township 30 South, Range 28 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the North quarter comer of said Section 3, said point being on the centerline of East
Brundage Lane; said point also being the True Point of Beginning;
I) Thence departing the North line of said Section 3 and centerline of East Brundage Lane, South
00048' 13 " West, a distance of 414.41 feet, more or less, to a point on the Northerly right-of-way
line of State Highway Route No. 58;
2) Thence along said Northerly right-of-way, North 85016'22" West, a distance of 885.95 feet;
3) Thence continuing along said Northerly right-of-way, North 80024'59" West, a distance of
534,17 feet, to a point on a non-tangent curve, concave Southwesterly, with a radius of2556,95
feet and a radial bearing of South 09036'25" West;
4) Thence Northwesterly along said curve, through a central angle of 04044' 16", an arc distance of
211 .43 feet
5) Thence North 85009'15" West, a distance of954.64 feet;
6) Thence North 21008'35" West, a distance of 31.77 feet;
7) Thence North 00058'33" East, a distance of71.62 feet;
8) Thence North 45034'43" East, a distance of28.50, more or less, to a point on the South right-of-
way line of said East Brundage Lane;
9) Thence North 89051 '54" West, a distance of75.00 feet, more or less, to a point on the West line
of said Section 3, said point also being on the centerline ofMt. Vernon Avenue;
10) Thence North 00058'33" East, a distance of 30.00 feet, more or less, to the Northwest comer of
said Section 3, said point also being the centerline intersection ofMt. Vernon Avenue and East
Brundage Lane;
I I) Thence along the North line of said Section 3 and centerline of East Brundage Lane, South
8905 I '54" East, a distance of2640,74 feet, more or less, to the True Point of Beginning.
Con tai n i ng 16.72 acres, more or less.
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ORIGINAL
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-83, E" BRUNDAGE, MT. VERNON SE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCAlE
~ EAST BRUNDAGE LANE
sal'51'54'E 2140.74'
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~ .'1'22 885.81' L____
< - 04'44'lS' STATE HIGHWAY ROUTE 58
R - 2SSS,9S'
T - 10S.n'
L - 211,43'
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VERNON AVE.
UNE TABLE
L1
L2
LJ
L4
L5
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N21'OS'35"W
NOO'tlS'33"E
N45'3+'43"E
NS9'51'5+"W
N00'5S'33"E
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31.77'
71.S2'
2S.50'
75.00'
30.00'
FILED IN '!liE OF'F1CE OF '!liE aTY a..ERK '!liIS _ DAY
OF 20~
FILED FOR RECORD '!liIS _ DAY OF
2D..- AT _ _II.. IN BOOK _ OF ASSESSMENT
DlSllllCTS AT PAGE _ IN 1lIE OF'F1CE OF 1lIE COUNTY
RECORDER OF lHE COUNTY OF KERN. STATE OF CAUF"CRNlA.
aTY CLERK OF '!liE aTY OF
BAKERSfIELD, CAUFORNlA
JAMES W FITCH
COUNTY ASSESSOR-RECXlRIlER
AN ASSESSNENT WAS LEVIED BY '!liE aTY COUNaL ON lHE LOTS,
PIECES ANa PARCEI.S OF LAND SHOWN ON lHlS ASSESSMENT DIAGRAM.
SAID ASSESSNENT WAS LEVIED ON lHE _ OAY OF
20....; SAID ASSESSlIENT DIAGRAM AND
lHE ASSESSNENT ROlJ. Vot:RE RECOADED IN 1HE OF'F1CE OF lHE
DEPARNENT OF PUBUC WORKS OF SAID aTY ON lHE _ DAY
OF 2D..- REfERDlCE IS IIADE TO lHE
ASSESSNENT ROlJ. RECORDED IN '!liE OF'F1CE OF '!liE DEPAR1NENT OF
PUBUC WORKS fOR '!liE EXACT AMOUNT OF EACH ASSESSMENT LEVIED
AGAINST EACH PARCEL OF LAND SHOWN ON '!liIS ASSESSMENT DIAGRAM.
BY
CHIEF DEPUTY RECORDER
RECORDED IN lHE OF'F1CE OF lHE IlU'AR1NENT OF PUBUC WORKS
lHlS _ DAY OF 2D..-
DIRECTOR OF PUBUC 'MlRKS
BAKERSFlELD, CAlJf'CRNIA
aTY CLERK OF '!liE aTY OF
BAKERSFIELD, CAUfORNIA
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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 existing adjacent median or street
landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped
industrial parcels with 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. -;ofi.Kt
EXHIBIT "C" ~ -9~
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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
EDU
1.0
REMARKS
Agricultural Zone
Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0
Per pa rcel
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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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 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)
O. 58/u n it
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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ORiGINAL
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11,4-16)
Wall Street (4-25)
Saker Street (4-24)
Saker Street" (4-29)
19TH, Eye, W (4-52)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
Stockdale, Buena Vista SW (2-22)
S "\B30\211-00\docs\ExhC _08_Rev 1-31-08.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.
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