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HomeMy WebLinkAboutRES NO 060-01RESOLUTION NO. 0 6 0 ' 0 ! A RESOLUTION ADDING TERRITORY, AREA 1-22 (COMMERCE. TRUXTUN), 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 5). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1239, adopted April 25, 2001, declared its intention to add territory, Area 1-22 (Commerce, Truxtun), 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 1-22 (Commerce, Truxtun), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-22 (Commerce, Truxtun), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2000-2001 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 1-22 (Commerce, Truxtun), 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 1-22 (Commerce, Truxtun), 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 -1- ORIGINAL Director's Report. 3. Exhibits "A" and "B" describe the additional territory, Area 1-22 (Commerce, Truxtun). 4. All pamels within this additional territory shall be assessed an amount for street tier 1, not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C"). The benefit formula (Exhibit "C"), budget (Exhibit "D") and assessment mil (Exhibit "E") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2001-2002 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 fomes 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- 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 tlAY! $ 2001 , by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER ./YLF/,,t-~L ABSENT: COUNCILMEMBER .Q~ff~.t~ COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER CITY CLERK and Ex Officio,4~lerk of the Council of the City of Bakersfil~ld APPROVED: MAY 16 2001 APPROVED as to form: BART J. THILTGEN City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S\PROJECTS\MAINDIST~ESTAB\M D 1-22Est -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-22 (COMMERCE, TRUXTUN) Fiscal Year 2000-2001 Addition of territory, Area 1-22 (Commerce, Truxtun) to the Consolidated Maintenance District is generally described as an area bounded by Truxtun Avenue on the north, the northerly prolongation of Commerce Drive on the east, a line 648 feet north of the south line of Section 26 on the south, and the west line of Section 26 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 public street medians and other public street landscaping. The improvements generally include, but are not limited to, irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf 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 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 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 1-22 (Commerce, Truxtun) 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 tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other - 1- EXHIBIT "1" parcels receiving a similar benefit. All parcels within this area shall be assessed an amount for street tier 1, not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel beginning with the 2001-2002 fiscal year. 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 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, JACQUES R. LAROCHELLE, interim 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 2000-2001 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 1-22 (Commerce, Truxtun), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: JACQUES R. LAROCHELLE Interim Director of Public Works City of Bakersfield -2- LEGAL DESCRIPTION Area 1-22 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 26, T 29 S, R 27 E, M. D. B. & M., and more particularly described as follows: Commencing at the southeast corner of said Section 26, Thence North 00° 09' 40" West, along the west line of said Section 26, a distance of 648.14 feet, to the southwest comer of Lot D of Parcel Map Waiver P99-0600 and the TRUE POINT OF BEGINNING; THENCE (1) Continuing North 00° 09' 40" West, along said west line and northerly prolongation thereof, a distance of 321.30 feet, to intersect a nontangent curve, concave southeasterly, having a radius of 1920.90 feet, also being the centerline of Truxtun Avenue; THENCE (2) Northeasterly along said curve and centerline of Truxtun Avenue, through a central angle of 7° 59' 22", an arc distance of 267.85 feet, to intersect the northwesterly prolongation of the north line of said Parcel D whose bearing is South 66° 57' 37" East; THENCE (3) South 66° 57' 37" East, along the north line of said Parcel D and northwesterly prolongation thereof, a distance of 176.94 feet, to the northeast corner of said Parcel D; THENCE (4) South 01° 19' 52" West, along the east line of said Parcel D, a distance of 260.05 feet; THENCE (5) South 88° 33' 16" East, a distance of 18.88 feet; THENCE (6) South 01 ° 26' 44" West, a distance of 21.03 feet, to the beginning of a tangent curve concave westerly, having a radius of 380.00 feet; THENCE (7) Southerly along said curve, through a central angle of 20° 14' 24", an arc distance of 134.24 feet; THENCE (8) South 61 ° 38' 05" West, a distance of 50.00 feet, to the center point of the cul-de-sac of Commerce Drive; THENCE (9) North 23° 33' 19" West, a distance 0f 58.48 feet; S:\PROJ ECTS\MAIN DIST~LE GALS\Legal1-22.wpd THENCE (10) South 89° 50' 20" West, a distance of 313.30 feet, to the TRUE POINT OF BEGINNING. EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-22, COMMERCE, TRUXTUN) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA C/L COMMERCE DRIVE 8Y 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): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel, and; The factor for the tier level, which equals the street tier number, and; The total number of street EDU's in the district. (1) = S x a x t b NOTE: Undeveloped residential and commemial 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. In the Berkshire area (3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for street landscaping. (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): Divided by (b): The factor for the tier level, which equals the park tier number, and; The total number of park EDU's in the district. (2) -- P x a x t b EX'I'~BIT ~ 15~.age 1 of ~' O,~IGINAL EQUIVALENT DWELLING UNIT (EDU) CHART An Equivalent Dwelling Unit (EDU) is equal to a single family residence. calculated by use or potential use per zoning as follows: USE EDU REMARKS Agricultural Zone 1.0 Per pamel Single Family (Detached) Dwelling Unit, less than 5 acres 1.0 Per parcel Undeveloped R-1 zoned 5 acres or more. 4/acre Undeveloped R-1 zoned, less than 5 acres. 1/acre Multi-Family (Attached) 0.71/unit Undeveloped R-2, R-3 0.71/unit Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) 6/acre 0.71/unit 1.00/unit Mixed Use EDU's shall be Rounded down to the nearest whole number. Rounded down to the nearest whole number. Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Rounded to nearest .01 Each calculated per the above. 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 Undeveloped R-1 zoned 5 acres or more. Parkside Village 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) 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, Seven Oaks, North & South Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue Stockdale, California NE Stockdale, Villaqe Lane Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave./ Stockdale Hwy, frontage EXI-~'tBIT, C '~ Page 3 of 4~ USE Union Avenue Non Residential Silvercreek 370-022-04 Chester Avenue EDU 3 0.71/unit 12 units/Acre 6/acre REMARKS Per parcel Shall be charged at R-3 rate as per GPA Resolution No. 22-94 Area for each parcel is based 50% on lot area and 50% on building area. S:\PROJ ECTS\MAINDIST\FORMU LAS\ExhC01 .wpd Pa~e 4 of 4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-22 Said assessment is made in accordance with the benefit formula attached hereto. 2000-2001 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance/(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 $0.00 S:/PROJECTS/MAIN DIST/EXHIBITO\MD 1-22D WB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 1-22 FISCAL YEAR 2000-2001 Assessment Pamel No. as shown on Map Exhibit "B" 332-256-51-00-3 Total amount to be collected for FY 2000-2001 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" Page I {~HiGINAL