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Home My WebLink AboutRES NO 085-08RESOLUTION NO. n R ~ ~ ~ $ RESOLUTION ADDING TERRITORY, AREA 2-38 (AKERS, ALUM 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 6). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1601, adopted May 21, 2008, declared its intention to add territory, Area 2-38 (Akers, Alum 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 2-38 (Akers, Alum NE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 2-38 (Akers, Alum NE), 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 2-38 (Akers, Alum 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: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory, Area 2-38 (Akers, Alum 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. ,a k~ ~. ~~ ~ fin, rte; r- C~ 3. Exhibits "A" and "B" describe the additional territory, Area 2-38 (Akers, Alum 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 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. ----------000---------- ~~ ~~ _., ~._ f- { ~ t_J C7 1 ! +. 1.1 i1,~,:iiy':.;~ _ 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 JIIN by the following vote: =~-, AYES• COUNCILMEMBER: CARSON BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRI R S: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~,~ytl~ ABSENT: COUNCILMEMBER ~ ~ p CITY CLERK and Ex Officio r of the Council of the City of Bakersfi d HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney ey: ~G7~fi~ ~ 7~V ~ Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" 4 ~bAF;,c9 ~~ V~ f'l r- c: p UitIGIv~L APPROVED: JUN 1 1 2008 City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2-38 (AKERS, ALUM NE) Fiscal Year 2007-2008 Addition of territory, Area 2-38 (Akers, Alum NE) to the Consolidated Maintenance District is generally described as an area bounded by a line approximately 225 feet north of Alum Avenue on the north, a line approximately 660 feet east of Akers Road on the east, Alum Avenue on the south and Akers Road 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 2-38 (Akers, Alum NE) is being added to the EXHIBIT "1" ~ `b ~'' K~ < 9~ ~., ~., ,_ c~ 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. 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 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 2-38 (Akers, Alum NE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: S 29 ~E ~• ~~ .~ ~ ~ RAU L M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" ~,AK~,~ ..~ ~~ r- .~ (_;~ G LEGAL DESCRIPTION Area 2-38 Being a portion of the Northeast quarter of Section 14, Township 30 South, Range 27 East, M.D.B.&M., more particularly described as follows: Beginning at the North quarter corner of said Section 14, said point being the centerline of intersection of Planz Road and Akers Road, thence along the North-South center section line of said Section 14 and centerline of Akers Road, South 00°36'06.6" West, a distance of 1760.91 feet to the True Point of Beginning; 1) Thence departing said center section line and centerline, South 89°01'51" East, a distance of 660.51 feet; 2) Thence South 00°35'56" West, a distance of 225.00 feet; 3) Thence North 89°01'51" West, a distance of 660.53 feet, more or less, to a point on the centerline North-South center section line of said Section 14, said point also being on the centerline of Akers Road; 4) Thence along said center section line and centerline, North 00°36'06.6" East, a distance of 225.00 feet, more or less, to the True Point of Beginning. Containing 3.41 acres, more or less. ~p;Ak~~^ EXHIBIT "A"~~ `~~ -- ~- c, ,~~~. ~~ G~i,~~7~rJ... /,~ r" ~ _. ~J ~~ ~ V 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) = Sxaxt 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) = Pxaxt 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. EXHIBIT "C" Page 1 of 4 `~~K~`9 l_ j /,L1. ,_. ~~_ ~;, ~.~ ~_~ EQUIVALENT DWELLING UNIT (EDU) CHART An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shalt be calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone 1.0 Per parcel Single Family (Detached) 1.0 Per parcel Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 4/acre Rounded down to the 5 acres or more. nearest whole number. Undeveloped R-1 zoned, 1/acre Rounded down to the less than 5 acres. 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 0.71/unit (Rent Space) Mobile Homes in 1.00/unit subdivisions (Owner) Mixed Use Each calculated per the above. EXHIBIT "C" _~` ~=' Page 2 of 4 ;_ `~- ~, ~.:..,..,,a;~,~ 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 3.28/acre Rounded down to the 5 acres or more. nearest whole number. (Per condition of Annexation) Parkside Village (2-01) Single Family 1.0 Dwelling Unit (Vineyard) Multi-Family 0.86/unit Dwelling Unit (Shores) Multi-Family 0.58/unit Dwelling Unit (Edgewater, Brookhaven, Springs) Non Residential 24.26 (Castle & Cooke) Non Residential 7.56 (Parkside Partners) Brimhall & Verdugo (1-09) Seven Oaks, North (2-11) & South (2-20) Undeveloped R-1 zoned 3/acre 5 acres or more California Avenue (1-07) Stockdale, California NE (1-18) Stockdale, Village Lane (1-20) Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave./ Stockdale Hwy, frontage Y ~~ E`~ t; EXHIBIT "C" `' Page 3 of 4 ~~~- 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) 19T , Eye, W (4-52) Stockdale, Calloway (1-15) Coffee, Gosford (2-15) Stockdale, Buena Vista SW (2-22) 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 6/acre S:\PROJECTS\MAINDIST\ExhibitC\ExhC OS Rev 2-6-08.doc Area for each parcel is based 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 .,C.. ,_, ~''"` `"~,; ,., Page 4 of 4 ~, EXHIBIT "D" MAINTENANCE DISTRICT AREA 2-38 Said assessment is made in accordance with the benefit formula attached hereto. 2007-2008 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) Less: City Contributions $0.00 $0.00 NET AMOUNT TO BE ASSESSED $0.00 r-. K,~, .~ ~ , ,, EXHIBIT "[~' ~ ~, ,__ ,,- ,r., EXHIBIT "E" MAINTENANCE DISTRICT AREA 2-38 ASSESSMENT ROLL FISCAL YEAR 2007-2008 Assessor's Tax No. Total amount to be collected for FY 2007-2008 403-012-39-00-8 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield P. ~ ~,~ ice) i`1, ~- EXHIBIT "E" }= ~= -,