HomeMy WebLinkAboutRES NO 162-01RESOLUTION NO. ] 62-0 ~.
A RESOLUTION ADDING TERRITORY, AREA 4-22
(OSWELL, E. BRUNDAGE NW), 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 1).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1257, adopted October 24, 2001, declared its
intention to add territory, Area 4-22 (Oswell, E. Brundage NW), 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 4-22 (Oswell, E. Brundage NW), as shown and
designated on that certain map entitled "Map and Assessment Diagram for Addition of
Territory, Area 4-22 (Oswell, E. Brundage NW), to the Consolidated Maintenance District,
Bakersfield, California," for Fiscal Year 2001-2002 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 4-22 (Oswell, E. Brundage NW), 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 4-22 (Oswell, E. Brundage NW),
to the Consolidated Maintenance District and confirms and adopts the Public Works
Director's Report (attached hereto as Exhibit I 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
3. Exhibits "A" and "B" describe the additional territory, Area 4-22 (Oswell,
E. Brundage NW).
4. All parcels within this additional territory shall be assessed an amount not
to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per
parcel. However, parcels will not be assessed until median and/or street landscape
improvements have been installed. When median and/or street landscape improvements
have been completed, the appropriate street tier will be assigned, but in no case shall the
assessments exceed $125 per equivalent dwelling unit. 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 2002-2003 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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OF~iGI~^L
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of tie. City of Bakersfield at a regular meeting thereof held on
N0V :L ~ 2001 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNC~LMEMBER t'g/'~-F',-P.~
COUNClLMEMBER (~,~1'~ ,
CITY CLERK and Ex OfficiO]Clerk of the
Council of the City of Baker~ield
NOV ! 4 2001
APPROVED:
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
Attachmonts
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-22 (OSWELL, E. BRUNDAGE NW)
Fiscal Year 2001-2002
Addition of territory, Area 4-22 (Oswell, E. Brundage NW) to the Consolidated
Maintenance District is generally described as an area bounded by a line 570 feet north
of E. Brundage Lane on the north, Oswell Street on the east, E. Brundage Lane on the
south and a line 1/4 mile west of Oswell Street 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 Preposition 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 4-22 (Oswell, E. Brundage NW) 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 parcels receiving a similar benefit.
EXHIBIT "1"
O~;SI(~AL
All parcels within this area shall be assessed an amount not to exceed
$125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel.
However, parcels will not be assessed until street landscaping has been installed. When
street landscape improvements have been completed, the appropriate street tier level will
be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling
unit.
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, 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 2001-2002 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 4-22
(Oswell, E. Brundage NW), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
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Area 4-22
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 34, T 29 S, R 28 E, M. D. B. & M., and more particularly
described as follows:
Commencing at the southeast corner of said Section 34, said point also being the
intersection of centerlines of East Brundage Lane and Oswell Street; thence North
89° 51' 42" West, along the south line of said Section and centerline of East
Brundage Lane, a distance of 255.02 feet, to the TRUE POINT OF BEGINNING
THENCE (1) Continuing North 89° 51' 42" West, along said south line and
centerline, a distance of 1065.50 feet;
THENCE (2) North 00° 45' 36" East, a distance of 570.02 feet;
THENCE (3) South 89° 51' 14" East, a distance of 1320.69 feet, to intersect the
centerline of Oswell Street;
THENCE (4) South 00° 46' 41" West, along said centerline, a distance of 344.83
feet;
THENCE (5) North 89° 51' 42" West, a distance of 255.02 feet;
THENCE (6) South 00° 46' 41" West, a distance of 225.01 feet, to intersect the
centerline of East Brundage Lane and the TRUE POINT OF BEGINNING.
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EXHIBIT"A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
AREA 4--22, OSWELL, E. BRUNDAGE NW) TO
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
THE
PARCEL 2
PARCEL MAP NO.
PARCEL1
10746
4 BRUNDACE LANE
OAY
BY
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 s~reet EDU's in the district.
(1) = Sxaxt
b
NOTE: Undeveloped residential and commemial pamels 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
EXHIB~ "C" m
Page~,~ ..... ~
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 REMARKS
Agricultural Zone
1.0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0 Per pamel
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.
EXHIB4T "C"
Page2 of 4
&'
OR~GI~-,~,~,L.
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.
Parkside Village (2-01)
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 (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, Village Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBI~"C" ~,~
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
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.
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 "D"
MAINTENANCE DISTRICT AREA 4-22
Said assessment is made in accordance with the benefit formula attached hereto.
2001-2002
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
$o.oo
$0.00
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EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 4-22
FISCAL YEAR 2001-2002
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 2001-2002
142-230-26-00-8
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"
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