HomeMy WebLinkAboutRES NO 030-03RESOLUTION NO. 0 3 0 - 0 3
A RESOLUTION ADDING TERRITORY, AREA 4-26
(PALADINO, MASTERSON 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 3).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1290, adopted February 12, 2003, declared its
intention to add territory, Area 4-26 (Paladino, Masterson 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 4-26 (Paladino, Masterson NE), as shown
and designated on that certain map entitled "Map and Assessment Diagram for Addition
of Territory, Area 4-26 (Paladino, Masterson NE), to the Consolidated Maintenance
District, Bakersfield, California," for Fiscal Year 2002-2003 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 4-26 (Paladino, Masterson 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
r~ference.
2. The Council hereby adds territory, Area 4-26 (Paladino, Masterson
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.
1
3. Exhibits "A" and "B" describe the additional territory, Area 4-26
(Paladino, Masterson NE).
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 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 $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 2003-2004 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 ..........
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 FEB 2 6 ZOO3 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER I",,-,~;~",-~,~'
COUNCILMEMBER
CITY CLERK and Ex Offic1~ Cl~rk of the
Council of the City of Bakei~field
APPROVED: FEB 2 6 ;'003
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
BART J. THILTGEN
City Attorney
By: /~'~ '~'~ ~
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
S\PROJECTS\MAINDIST\ESTAB\MD4-26Est
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-26 (PALADINO, MASTERSON NE)
Fiscal Year 2002-2003
Addition of territory, Area 4-26 (Paladino, Masterson NE) to the
Consolidated Maintenance District is generally described as an area bounded by a line
one mile north Paladino Drive on the north, Alfred Harrell Highway on the east, Paladino
Drive on the south, and Masterson 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 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 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 park and
street landscaping imp. rovements 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 4-26 (Paladino, Masterson NE) is being added to
the Consolidated Maintenance District for the maintenance of a park and public street
EXHIBIT "1"
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
$125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel.
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 $125 per equivalent dwelling unit.
The area will consist of 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 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 2002-2003 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 4-26 (Paladino, Masterson NE), subject to be assessed to pay the cost of
maintenance and operation in said area.
RAUL M. R~)JAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
2
LEGAL DESCRIPTION
Area 4-26
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 9, T 29 S, R 29 E, M. D. B. & M., and more particularly
described as follows:
Section 9, Township 29 South, Range 29 East, M. D. B. & M.
Excepting therefrom that portion of said land conveyed to OIcese Water District
by Deed recorded May 19, 1981 in Book 5375, Page 1553 of Official Records.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 4-26, PALADINO, MASTERSON, NE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
PALADINO DRIVE
BY
EXHIBIT 'El'
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) = Sxaxt
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):
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
Note: Since Proposition 218 was passed in November 1996, assessment rates have
been frozen at the 1996-1997 level,
EXHIBIT "C"
Page 1 of 4
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
Agricultural Zone
Single Family (Detached)
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
less than 5 acres.
Multi-Family (Attached)
Undeveloped R-2, R-3
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
1/acre
0.71/unit
0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
6/acre
0.71/unit
1.00/unit
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.
EXHIBIT "C"
Page 2 of 4
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 Villaqe (~-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)
Q58/unit
Non Residential
(Castle & Cooke)
24.26
Non Residential
(Parkside Partners)
7.56
Brimhall & Verdu,qo (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, Villa,qe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHIBIT "C"'
Page 3 of 4
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
EDU
3
0.71/unit
REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Chester Avenue (4-11 & 4-16)
Wall Street (4-25)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
6/acre
Area for e~ch 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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11-26-02
EXHIBIT "C"
Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-26
Said assessment is made in accordance with the benefit formula attached hereto,
2002-2003
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimatei:l Beginning Fund Balance(Deficit) $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
EXHIBIT "D"
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-26
Assessor's Parcel No.
as shown on Map
Exhibit "B"
386-050-01-00-1
ASSESSMENT ROLL
FISCAL YEAR 2002-2003
Total amount to
be collected for
FY 2002-2003
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
White and H Partners
And
Thomas and Lisa Carosella
5301 Office Park Drive, Suite 325
Bakersfield, California 93309
September 27, 2002
City of Bakersfield - Public Works Department
Attn: Marian P. Shaw
1501 Truxtun Ave.
Bakersfield, CA 93301
RE: Inclusion of Tract Map 6137 in a Maintenance District
Dear Ms. Shaw:
We, the undersigned, as owners of the property included within Tract Map 6137
hereby request that the property be included within the Consolidated Maintenance
District. This request is in accordance with the requirements of Bakersfield
Municipal Code Section 13.04.021.
Enclosed is a check in the amount of $~ as required by the City to cover the
costs of this inclusion into the Consolidated Maintenance District. Furthermore,
our engineer will supply you with a computer disk copy of the map for your use.
We also waive our right to any and all hearings in accordance with the Brown
Act, the Bakersfield Municipal Code, and/or any law, concerning the formation of
or inclusion in the maintenance district. We have signed and are returning the
enclosed Proposition 218 ballot (Official Assessment Ballo0 indicating our
consent to the assessment.
Very truly yours,
Craig
Carver
[ H Partners
PROPOSITION 218 BALLOT
CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT
This assessment ballot is for the use of the property owner of the parcel(s) identified below, wh/ch are
proposed to be included in the City of Bakersfield Consolidated Maintenance District (CMD). This assessment
ballot may be used to express either support for or opposition to inclusion within the CMD. To be counted, this
assessment ballot must be signed below by the owner or, if the owner is not an individual, by an authorized
representative of the owner.
[TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE]
OFFICIAL ASSESSMENT BALLOT
Property description:
Individual annual assessments shall not exceed $125.00 per equivalent dwelling unit. ~, . ~.--..~
~,,,-/~...--
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of j
Bakersfield include the above described ~f Yes
property within the Consol/dated Maintenance
District and levy an assessment not to exceed D No
the mount set forth above?
Owner Signature:
Title (if representing owner):
Date:
Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Tract No. 6137~ All Lots.
COVENANT DISCLOSING INCLUSIO~ IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of ,200__, by
Thomas & Lisa Carosella: White and H Partners, (hercinalicr, "Owner"), in connection with the Consolidated
Maintenance District, located in the City of Bakersfield~ California.
The real property herein described is located within the Consolidated Maintenance District and may bc
assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way
within the district. ]he appropriate SIreet and Park Tiers will be assigned when landscapc and park improvements
have been installed,
Although this property may have been assessed a lesser amount in the present tax year, the ultimate
estimated annual assessment for maintenance o fpublic landscaping based on full buildout of this district, is $125.00
per equivalent dwelling unit, based on 2002 dollars and labor costs of thc districl.
This covcnan! may not be amended or modified without thc prior approval of the City of Bakersfield. This
covenant shall run with the land.
Dated this day of ,200 __.
Owner{s)/Developer(s):
Thomas & Lisa Carlsella
White and H Partners
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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