HomeMy WebLinkAboutRES NO 030-05
RESOLUTION NO. ,0 3 0 .; 0 ./l
A RESOLUTION ADDING TERRITORY, AREA 1-53
(REINA, OLD FARM SW), 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 4).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1365 adopted January 12, 2005, declared its
intention to add territory, Area 1-53 (Reina, Old Farrn SW), 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 1-53 (Reina, Old Farm SW), as shown and
designated on that certain map entitled "Map and Assessment Diagram for Addition of
Territory, Area 1-53 (Reina, Old Farm SW), 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 letters from the property
owner within the additional territory, Area 1-53 (Reina, Old Farm SW), which waive 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 Proposition 218
Ballots (Official Assessment Ballot) indicating his consent to the assessments.
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 1-53 (Reina, Old Farm SW), 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.
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3. Exhibits nAn and nBn describe the additional territory, Area 1-53 (Reina,
Old Farm SW).
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 street landscape
improvements have been installed. When 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 nD") and assessment roll (Exhibit "En) 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.
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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
J~6 7005 ' by the following vote:
<.&ES;)
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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CITY CLERK and Ex Officio I rk of the
Council of the City of Bakersfield
APPROVED:
WN 2 6 Z005
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HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINA GENNARO
City Attorney
By ~l!l.~
Attachments
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 1-53 (REINA, OLD FARM SW)
Fiscal Year 2004-2005
Addition of territory, Area 1-53 (Reina, Old Farm SW) to the Consolidated
Maintenance District is generally described as an area bounded by Reina Road on the
north, Old Farm Road on the east, a line approximately 1320 feet south of Reina Road
on the south and a line approximately 660 feet east of Allen 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 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; 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 1-53 (Reina, Old Farm SW) is being added to the
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
EXHIBIT "1"
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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 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 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.
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 1-53 (Reina, Old Farm SW), subject to be assessed to pay the cost of
maintenance and operation in said area,
Dated: 1/I)/6j-
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 1-53
Being a portion of the Northwest quarter of Section 13, Township 29 South, Range 26 East,
M.D,B.&M., more particularly described as follows:
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Beginning at the North quarter corner of said Section 13, thence North 89016'20" West, along the North
line of said Northwest quarter of said Section 13, a distance of2.95 feet, more or less, to the centerline
intersection of Reina Road and Old Farm Road, said point being the True Point of Beginning;
I) Thence South 00050' 16" West, along the centerline of Old Farm Road, a distance of 1318.22
feet;
2) Thence North 89014'52" West, a distance of 1983,63 feet;
3) Thence North 00048' 17" East, a distance of 1317.37 feet, more or less, to a point on the North
line of said Northwest quarter, said point also being on the centerline of Reina Road;
4) Thence South 89016'20" East, along said North line and centerline, a distance of 1984.39 feet,
more or less, to the True Point of Beginning,
Containing 60,02 acres, more or less.
EXHIBIT "A,''''
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MAP AND ASSESSMENT DIAGRAM
FOR ADDI110N OF TERRITORY
(AREA 1-53, REINA, OLD FARM aW) TO THE
CONSOUDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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'4COR.tf"SEC.
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P<lHT
FILED IN THE OFFlCE Of THE CITY CLERK lHlS _ DAY
Of 20-,
RLED FOR RECORD THIS _ OAY ~
20...... AT _ _Ir,l" IN BOOK _ Of ASSESSIr.lENT
DISTRICTS AT PAGE _ IN THE OFFlCE Of THE COUNTY
RECORDER OF niE COUNTY Of KERN, STATE OF' CAUfORNI....
OTY a.ERK Of THE OTY Of
BAKERSFlE1.D, CAUFORNIA
.JALtF='~ W FlTCH
COUNTY ASSESSOR-RECORDER
BY
AN ASSESSWENT WAS Ln1ED BY niE OTY COUNOL ON THE LOTS,
PIECES ANO PARCELS OF LAND SHOVlN ON THIS ASSESSWENT DlAGRAtol.
SAID ASSESSWENT WAS Ln1ED ON niE _ DAY Of
20-l SAlO ASSESSMENT DlAGR'" AND
THE ASSESStolENT ROLL 'IllERE RECORDED IN THE ornCE Of THE
DEPARTVENT Of PUBUC WORKS Of SAID aTY ON niE _ OAY
Of 20- REFERENCE IS MADE TO niE
ASSESSIr,lENT ROLL RECORDED IN THE ornCE OF THE DEPARlWENT Of
PUBUC WORKS FOR THE EXACT "'OUNT Of EACH ASSESSMENT lE\llED
AGAINST EAOi PARCEl Of LAND SHOVlN ON THIS ASSESSMENT DlAGR....
QiIEF DEPUTY RECORDER
RECORDED IN niE OFf1CE Of niE DEPARTWENT OF PUBUC WORKS
nilS _ DAY Of 20_
OIREClOR Of PUBUC WORKS
BAKERSFlE1.D, CAUfORNIA
CITY CI..ERK Of THE CITY Of
BAKERSFIElD, CAUFORNIA
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EXHIBfr .8WJ~,
FILE: MD1"':_~) SHEET 1 Of lr
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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) = S x a x t
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): 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) = 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.
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EXHIBIT "~~J'
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Page 1 of@ t"
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CniC!i\!AL
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:
Agricultural Zone
EDU
1.0
REMARKS
USE
Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0
Per parcel
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)
O,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,OO/unit
Mixed Use
Each calculated per the
above.
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EXHIBIT "C":) ~,
Page 2 of 4;: ~ ;-;
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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.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parkside Villaqe (2-01)
Single Family
Dwelling Unit (Vineyard)
1.0
Multi-Family
Dwelling Unit (Shores)
0.86/unit
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Q,58/unit
Non Residential
(Castle & Cooke)
24,26
Non Residential
(Parkside Partners)
7.56
Brimhall & Verduqo (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, Villaqe Lane (1-20)
Non Residential
1,0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage
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EXHIBIT "C,I) u~
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Page 3 of 4=, ,'C'
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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)
Stockdale. Callowav (1-15)
Coffee. Gosford (2-15)
Stockdale. Buena Vista SW (2-22)
ExhCQ4
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
Area for each parcel is based
6/acre
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.
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EXHIBIT "0"
MAINTENANCE DISTRICT AREA 1-53
Said assessment is made in accordance with the benefit formula attached hereto.
2004-2005
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
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-53
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
Assessor's Tax No,
Total amount to
be collected for
FY 2004-2005
527-010-03-00-2
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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