HomeMy WebLinkAboutRES NO 251-04RESOLUTION NO. 2 5 ~. "0 4
A RESOLUTION ADDING TERRITORY, AREA 5-14
(PACHECO, HUGHES 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 7).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1344, adopted August 18, 2004, declared its
intention to add territory, Area 5-14 (Pacheco, Hughes 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 5-14 (Pacheco, Hughes NW), as shown
and designated on that certain map entitled "Map and Assessment Diagram for Addition
of Territory, Area 5-14 (Pacheco, Hughes NW), to the Consolidated Maintenance
District, Bakersfield, California," for Fiscal Year 2004-2005 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 5-14 (Pacheco, Hughes 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 5-14 (Pacheco, Hughes NW),
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.
3. Exhibits "A" and "B" describe the additional territory, Area 5-14
(Pacheco, Hughes 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 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 2004-2005 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 ..........
2
-11
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted Jlkv~Lhe Council of the City of Bakersfield at a regular meeting thereof held on
~'Y 0 8 ZOO4 , by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNC~LMEMBER
COUNCILMEMBER
COUNCILMEMBER ~[,~5..)~. O ~
CITY CLERK and Ex OffiCio ~1~)~ of the
Council of the City of Bakersfielc¥
SEP 0 8 2004
APPROVED:
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-14 (PACHECO, HUGHES NW)
Fiscal Year 2004-2005
Addition of territory, Area 5-14 (Pacheco, Hughes NW) to the
Consolidated Maintenance District is generally described as an area bounded by
Southern Pacific Railroad on the north, Hughes Lane on the east, Pacheco Road on the
south and Freeway 99 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 5-14 (Pacheco, Hughes NW) 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 and 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 2004-2005 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 5-14 (Pacheco, Hughes 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
EXHIBIT "1 "'
2
LEGAL DESCRIPTION
Area 5-14
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of the southwest quarter of Section 13, T 30 S, R 27 E, M. D. B. & M.,
and more particularly described as follows:
Commencing at the center quarter corner of said Section 13, said point of
commencement also being a point on the centerline of Hughes Lane. Thence
South 00° 36' 11" West, along said centerline of Hughes Lane, a distance of
1483.15 feet to the NE corner of said parcel and the POINT OF BEGINNING;
THENCE (1) continuing South 00° 36' 11" West, along said centerline of Hughes
Lane, a distance of 1162.18 feet, to the south quarter corner of said Section 13,
being the intersection of centeriines of Hughes Lane and Pacheco Road;
THENCE (2) North 89° 19' 43" West, along the centerline of Pacheco Road, a
distance of 1116.12 feet;
THENCE (3) North 08° 28' 05" West, along the east right-of-way line of Hwy 99, a
distance of 322.28 feet;
THENCE (4) North 10° 33' 57" West, continuing along the east right-of-way line
of Hwy 99, a distance of 157.88 feet, to a point on the south right-of-way line of
Southern Pacific Railroad, and to the beginning of a non-tangent curve, concave
northwesterly, having a radius of 5779.60 feet; and to which point a radial line
bears South 22° 24' 10" East;
THENCE (5) Northeasterly along said curve through a central angle of 13° 43'
25", an arc distance of 1384.35 feet, to a point on the centerline of Hughes Lane
and the POINT OF BEGINNING.
Containing 21.13 acres, more or less in such parcel.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 5-14, PACHECO, HUGHES NW TO
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
TIE
JAL
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
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
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
rtl
OR~G'NAL
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 VillaRe (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, 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"~ ~ ~ K~'~
Page 3 of ~: ~-~
OR',G;NAL
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)
Baker Street (4-24)
Baker Street II (4-29)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
6/acre
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 "C"
Page 4 of 4
OR ,~,NAL
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 5-14
Said assessment is made in accordance with the benefit formula attached hereto.
2004-2005
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
OR~G:NAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 5-14
Assessor's Tax No.
405-020-61-00-4
405-020-62-00-7
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
Total amount to
be collected for
FY 2003-2004
$0.00
$o,oo
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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
Parcel Map No. 10981~ Lots 1 through 27
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of ,200__, by
Haddad/Bashirtash of Bakersfield, (hereinafter, "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 be
assessed on an ongoing, yearly basis for maintenance ora public park and landscaping on public rights-of-way
within the district. The appropriate Street and Park Tiers will be assigned when landscape 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 of public landscaping based on full buildout of this district, is $125.00
per equivalent dwelling unit, based on 2003 dollars and labor costs of the district.
This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This
covenant shall mn with the land.
Dated this day of
Owner(s)/Developer(s):
Haddad/Bashirtash of Bakersfield
,200 __.
City of Bakersfield:
James Haddad, Owner
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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ORIGINAL