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Home My WebLink AboutRES NO 048-08 RESOLUTION NO. 0 4 8 0 8 A RESOLUTION ADDING TERRITORY, AREA 4-82 (34TH STREET FROM "Q" STREET TO UNION AVENUE), 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. 1580, adopted January 16, 2008, declared its intention to add territory, Area 4-82 (34th Street from "Q" Street to Union Avenue), 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 4-82 (34th Street from "Q" Street to Union Avenue), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-82 (34th Street from "Q" Street to Union Avenue), 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 sent notices and ballots to each property owner of record within the additional territory, Area 4-82 (34th Street from "Q" Street to Union Avenue), 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: reference. 1. The foregoing recitals are true and correct and incorporated herein by 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 March 12, 2008 do not constitute a majority protest. 1 <<. ,?>M~-'9 C) ~ .').... - I- rn .- r- <..) C;:) ORIGINAL 3. The Council hereby adds territory, Area 4-82 (34th Street from "Q" Street to Union Avenue), 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 4-82 (34th Street from "Q" Street to Union Avenue). 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 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. 6. The Kern County Tax Collector is hereby authorized to collect such assessments. 7. 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. 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. ----------000---------- 2 X ,?>"'iK~-'9 () <p .:... '" I- iTi <:5 r- C;:) 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 MAR 1 2 2008 , by the following vote: rC:J ~ ABSTAIN: ABSENT: COUNCILMEMBER CA~ON, DDJII.'\M, W~, CO~H, HA~ON, sULlivAN, SC~ER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER 1?e..t'\ ho..vYJ APPROVED: MAR 1 2 Z008 HARVEY L. HALL MA YOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~ lJz. ~ Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD4-S2stOS.doc 3 'OM~-'9 ~ ~" >- ~ I- rn _ r- <..) C;:) ORIGIN,i\L City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-82, (34th STREET) Fiscal Year 2007-2008 Area 4-82 (34th Street from "Q" St. to Union Av.), which is an addition of territory to the Consolidated Maintenance District, is generally described as an area bounded Union Avenue on the east, "Q" Street on the west, 36th Street on the north, 33rd. Street on the south with all maintenance improvements being on 34th Street, and as specifically shown on Map and Assessment Diagram marked Exhibit "B, 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 street landscaping improvements. The improvements generally include, but are not limited to, trees, irrigation system, conduits, lights, 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 4-82, (34th Street from "Q" St. to Union Av.) 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 "111 'OM~-'9 ~ ~ ;:.... ~ I- rn _ r- <..) C;:) ORIGINAL 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 median and street landscape improvements have been completed, street tier 2 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 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 area, Area 4-82, (34th Street from "Q" St. from Union Av.), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: 2/1S-/~ ~~ RAUL M. ROJAS Director of Public Works City of Bakersfield MD4-82ri08.DOC <<. 'OM~-'9 () ~ ;:.... - I- rn - r- <..) t::J ORIGINAL LEGAL DESCRIPTION Area 4-82 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 19, Township 29 South, Range 28 East, M.D.B.&M., more particularly described as follows: Assessors Tax Number As shown of Recorded Map 120-290-08-00-4 120-290-10-00-9 PM 6822 Lot 3 120-290-11-00-2 PM 6822 Lot 2 120-290-12-00-5 PM 6822 Lot 1 120-310-34-00-4 LLA 03-1315 Lot 2 Memorial Hospital 120-210-01-00-9 PM 546 Lot 01 120-210-02-00-2 PM 546 Lot 02 120-210-03-00-5 PM 546 Lot 03 120-210-04-00-8 PM 546 Lot 04 120-210-05-00-1 PM 546 Lot 05 120-210-06-00-4 PM 546 Lot 06 120-210-07-00-7 PM 546 Lot 07 120-210-11-00-8 PM 546 Lot 11 120-210-12-00-1 PM 546 Lot 12 120-210-13-00-4 PM 546 Lot 13 120-210-14-00-7 PM 546 Lot 14 120-210-15-00-0 PM 546 Lot 15 120-210-18-00-9 PM 546 Lot 18 120-210-19-00-2 PM 546 Lot 19 120-210-20-00-4 PM 546 Lot 20 120-210-22-00-0 PM 546 Lot 8 & N,1/2 of 9 EXHIBIT "A" <<. 'OM~-'9 () ~ ;:.... ~ I- rn <::)1 r; ORIGINAL P:\34th Street MD\LegaI4-82.doc . Assessors Tax Number 120-210-23-00-3 120-210-24-00-6 120-181-15-00-9 002-011-01-00-7 002-011-06-00-2 002-011-15-00-8 002-011-16-00-1 002-011-17-00-4 002-011-26-00-0 002-011-25-00-7 002-042-17-00-0 002-042-16-00-7 002-041-05-00-8 002-041-04-00-5 002-041-03-00-2 002-041-18-00-6 P:\34th Street MD\LegaI4-82.doc As shown of Recorded Map PM 546 Lot 10 & 8.'12 of 9 PM 546 Lot 16 & 17 Northern Division City of Bakersfield Block 630 Lot 3 Pm 820 Parcel A PMW P98-0467 Lot 2 PMW P98-0467 Lot 1 Homemaker Park Block 4 Lot 1, 2 & Easterly 86' of Lot 3 Homemaker Park Block 4 Lot 4 & Westerly 14' of Lot 3 Homemaker Park Block 3 Lot 1, 2 & E. 1/2 of Lot 3 Homemaker Park Block 3 W. 1/2 of Lot 3 & E. 1/2 of Lot 4 Homemaker Park Block 3 W. 1/2 of Lot 4 Homemaker Park Block 3 Lot 5 EXHIBIT "A" 'OMf'~ ()~ \5' '" .:... fi1 '= r <.) (:J ~RIGINAL MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY AREA 4-82, (34TH ST FROM '0' TO UNION AVE) TO THE CONSOUDA TED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ! i1 . NOT 10 ICAU: mm/....... .. .. i!'" Ia_ .'''.''--''.''''.--'''' ..'-'.".".-""..""D It... ---i L Ji I ~ ---_ft-, JI i "..,...._............._..,,_..~--_. "'''''''''''.'''''' _lIT"''''''-.'-'-.''--. [ r fUll . 'IMI ..... . 111I CI1'l' CIIDC .. _ MY . -. CI1'l'~.1IIICI1'l'. ---.~ fUll Plllt __.. _ MY. .....AT_~.__.~ ....... AT ,. _. 111I ..... . 111I ClIIII1\' _ .111I ClIIII1\' . -. STA'II " CM-. -I&Yn: . f'I'Ibt ~ - nll_ IT M~"1IWD1T1IIICI1'l'_CII1III~ '-_NIIILI.~_III"~_ _ ~..&&WI 11I.111I _ MY. 1Il....I-___ 'IMI~Im&.__........'IIII DIPMlIBT. -.a _. _ CI1'l' CII 111I _ MY . ..... __.... 111 'IMI ~ 1m&. __ .111I......111I __. -.a _ .. 'lMl1IlMIT -.no . IMII ~ &&WI ~--..~_III"~- -~- _ . 111I ..... . 'IMI DIPMlIBT " -.a _ "_MY" .... _.-.a_ ---. ...... CI1'l' CIIDC . 'IMI CI1'l' . ~- _ ...... _'Ol' '0 M "t~ ~ fI1 r- <::) CJ ORIGI AL EXHIBIT '8' 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. 'OM~ EXHIBIT IICII ~ -'9~ Page 1 of 4 ~ ~ o Q 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) O.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. EXHIBIT IICII ~ <<Q(\'\e'''.1O' Page 2 of 4:' '~ I- r'- <::) C;:) 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 & 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. 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 "CII ~ 'OM~ () "" Page 3 of 4= iTi I- r- <::) C;:) 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) 19TH, Eve, W (4-52) 34th Street (4-82) from "Q" Street to Union Av. Stockdale, Callowav (1-15) Coffee, Gosford (2-15) Stockdale, Buena Vista SW (2-22) P:\34th Street MD\MD4-82 Example C.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. 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. EXHIBIT "CII Page 4 of 4 ~ 'O'AXf-'9 () ~ .:... ~ I- rl1 - r- <..) 0 OAldlNAL EXHIBIT "0" MAINTENANCE DISTRICT AREA 4-82 Said assessment is made in accordance with the benefit formula attached hereto. 2007-2008 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 MD4-82d.XLS 'OP>..kt,,,, ~ ',~ EXHIBIT "~" ~ <::) C;:) ORIGINAL Total Date: EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-82 Assessor's Tax No. 120-290-08-00-4 120-290-10-00-9 120-290-11-00-2 120-290-12-00-5 120-31 0-34-00-4 120-210-01-00-9 120-210-02-00-2 120-210-03-00-5 120-210-04-00-8 120-210-05-00-1 120-210-06-00-4 120-210-07 -00-7 120-210-11-00-8 120-21 0-12-00-1 120-210-13-00-4 120-210-14-00-7 120-210-15-00-0 120-21 0-18-00-9 120-210-19-00-2 120-210-20-00-4 120-210-22-00-0 120-210-23-00-3 120-210-24-00-6 120-181-15-00-9 002-011-01-00-7 002-011-06-00-2 002-011-15-00-8 002-011-16-00-1 002-011-17 -00-4 002-011-26-00-0 002-011-25-00-7 002-042-17 -00-0 002-042-16-00-7 002-041-05-00-8 002-041-04-00-5 002-041-03-00-2 002-041-18-00-6 ASSESSMENT ROLL FISCAL YEAR 2007-2008 Total amount to be collected for FY 2007-2008 $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 $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 P:\34th Street MD\MD4-82E08.xls EXHIBIT IIEII <<. 'OM~-'9 () ~ ;:.... ~ I- rl - r- <..) C;:) ORIGINAL