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Home My WebLink AboutRES NO 157-05 RESOLUTION NO.~· A RESOLUTION ADDING TERRITORY, AREA 3-33 (HARRIS, OLD RIVER 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 5). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1388, adopted June 8, 2005, declared its intention to add territory, Area 3-33 (Harris, Old River 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 3-33 (Harris, Old River NE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 3-33 (Harris, Old River NE), 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 3-33 (Harris, Old River 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 reference. 2. The Council hereby adds territory, Area 3-33 (Harris, Old River 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 ~ 'òA/(~& C) 'l:. :>.. - I- 'OJ - ,.. ""ORIGINAf> 3. Exhibits "A" and "B" describe the additional territory, Area 3-33 (Harris, Old River NE). 4. All parcels within this additional territory shall be assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. 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 the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The benefit formula (Exhibit "C"), budget (Exhibit "0") 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 ~ 'QAKê~ C) <!:, >- - I- m - ,.... '-' /;) ORIGINAL 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 'JDl (I ,nnlj , by the following vote: ~ NOES: ABSTAIN: CABSE~ V L,....--- ........- L-- COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH. HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER ~ COUNCILMEMBER YY"\O~e.. ,r- v ..4%-1.. CITY~E~ofthe Council of the City of Bakersfield APPROVED: JUt 6 2Dl1S HA~~ MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: I~ùd JrL xIIlMfl Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" MD3-33EstOS 3 ~ 'òAKé'-9 C) ~ :>.. - to- m - ,.... o ORIGINA[> City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3-33 (HARRIS, OLD RIVER NE) Fiscal Year 2004-2005 Addition of territory, Area 3-33 (Harris, Old River NE) to the Consolidated Maintenance District is generally described as an area bounded by a line approximately 1320 feet north of Harris Road on the north, a line approximately 1330 feet east of Old River Road on the east, Harris Road on the south and Old River 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 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 3-33 (Harris, Old River NE) is being added to the EXHIBIT "1" '< 'òA/(ê-9 C) ~ :>.. - I-- m - ,..... a C:J ORIGINAL 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 assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. 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 the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. 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 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 3-33 (Harris, Old River NE), 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 ~ 'òAKê~ C) ~ >- - I- m - ,... "'ORIGINJ' LEGAL DESCRIPTION Area 3-33 Being a portion of the Northwest quarter of Section 20, Township 30 South, Range 27 East, M.D.B.&M., more particularly described as follows: Beginning at the West quarter comer of said Section 20, said point being the centerline intersection of Harris Road and Old River Road, said point also being the True Point of Beginning; 1) Thence North 00°21 '53" East, along the West line of said Section 20 and centerline of said Old River Road, a distance of 627.53 feet; 2) Thence departing said West line and centerline, South 89°14'53" East, a distance of 440.01 feet; 3) Thence North 00°45'07" East, a distance of220.00 feet; 4) Thence North 89°14'53" West, a distance of 441.50 feet, more or less, to a point on the West line of said Section 20 and centerline of Old River Road; 5) Thence North 00°21 '53" East, along the West line of said Section 20 and centerline of said Old River Road, a distance of 470.01 feet, more or less, to the Northwest corner of Lot 12 as per the Sales Map of Lands of the Kern County Land Company as recorded on May 28, 1892 in the Office of the Kern County Recorder; 6) Thence North 89°14'53" West, along the North line of said Lot 12, a distance of 1339.92 feet, more or less, to the Northeast corner thereof; 7) Thence South 00°39'10" West, along the East lines of said Lot 12 and Lot 13 of said Sales Map, a distance of 1317.35 feet, more or less, to a point on the centerline of Harris Road, said point also being on the east-west center section line of said Section 20; 8) Thence continuing South 00°39' 1 0" West, along the East line of said Lot 13, a distance of 2.81 feet, more or less, to the Southeast comer thereof; 9) Thence North 89°14' 50" West, along the South line of said Lot 13, a distance of 1333.29 feet, more or less, to the Southwest corner thereof, said point also being on the West line of said Section 20 and centerline of Old River Road; 10) Thence North 00°21 '53" East, along the West line of said Section 20 and centerline of Old River Road, a distance of2.62 feet, more or less, to the True Point of Beginning. Containing 38.28 acres, more or less. 'òAK~ EXHIBIT" A ~ ;... '"" >- ñi - ,..... '-'ORIGINAL/;) , , , ~ .. i . . ~ ~. .q~ Co >. *' ~E /" ~::; Co b ~~ 6"'- ~N m, /0 .;;~ ~~ MAP AND ASSESSMENT DIAGRAM FOR ADDmoN OF TERRITORY (AREA 3-33, HARRIS, OLD RIVER NE) TO THE CONSOUDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA N 89'4'53" W 133992 n ~ I ~1 2 J , 5 6 ) 6 9 10 11 12 :l" " " 16 17 16 2~ I 19 I TNrn õ ...... I ~ ç-' 69 66 ~ ---.../' I J5 " JJ J2 J1 JO 29 28 27 26 25 " 23 22 )) § 70 67 i I ~ . 76 j 71 66 ~ I J6 37 J8 J9 " " ., " " " " " '" " J5 I 71 65 I \....J ..... J " )J 64 ...... :::::-1 N 8914'5.3" W 441.50 8 OJ 62 61 60 59 58 57 " . 55 64 " C ; 52 51 " I f! !lID l i' '~ ONE ~ '" .;: 82 BJ ~ I ~ " " 86 B7 1 2 J , 5 ~ 81 \ """" w _I- N 891·f53" W 440.01 Z78 79 80 C L~H75 ...,,'" ...... '" SU~p ~ 76 )) ~ 5 8 z I 15 " " 12 11 10 9 e 7 6 SATTAQJA ..,. ~ I NOT TO ? 16 17 16 19 20 21 22 23 " 25 26 ~ 71 71 70 69 66 67 66 65 64 27 ¡ .. 8 ~575a 2 """"" ...... z SEC 20 59 60 61 62 OJ . J6 " " J5 ¡ 28 [T.p,a.B. " y---C... ,""",am " ., ~ 37 " ~ 29 1...JfM1R~R %- 55~ i .089''''19 ./5453 " JJ " J8 ~ JO Nag'H'SQ 52 51 " " " " \ " J2 J1 TRACT BOON '" "-,--/ J9 n "- " ~t"""'... I '\ ,_/ I N 8914'50" W 1333.29 \._./ NOO'j9' ." -~ o o z ß """ D SCALE ~ 8 z W 1/4 COR TJOS/R27 HARRIS RD. N89'1~17W N 89' 14' 50· W TRACTaQUNDARY Wð1L.A CARY CELIIL......a w D. . W ¡;¡; ·w"" N 00'21' 5J"[ 2.62 2.81 0"[ nL.ED IN THE OFFlCE OF THE CTY ClERK THIS _ DAY OF 20~ ALED rOR RECORO THIS _ DAY OF 20__ AT _ _M., IN Boote _ OF ASSESSI.IENT DISTRICTS AT PAGE _ IN niE ornCE OF THE COUNTY RECORDER OF lME COUNTY OF KERN, STATE or CAUFORNIA. CITY CL£RIC OF 'J}iE CITY OF BAICERSFlELD, CAUFORNIA .IAL(F~ W FlTCH COUNTY ASSESSOR-RECORDER AN ASSESg,jENT WAS LEV1ED BY 'J}iE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHO¥I9<I ON 'J}iIS ASSESSt.4ENT DlAGRAt.I. SAID ASSESSt.4ENT WAS L.E\1ED ON THE _ DAY OF 20--, SAID ASSESSMENT DIAGRAt.I AND DiE ASSESSMENT Rou. 'ft£RE RECORDED IN THE OFFlCE OF THE DEPARNENT Of PUBUC WORKS OF SAID CITY ON THE DAY OF 20_ REF£RENŒ IS MACE TO DiE ASSESSI.IENT ROlL REtœ:DED IN 'J}iE ornCE OF 'J}iE DEPARlWENT OF PUBUC WORKS FOR THE EXACT At.IOUNT OF EACH ASSESSMENT L.E\1ED AGAINST EACH PARCEL OF LAND SHO'tIW ON THIS ASSESSt.4ENT DlAGRAt.I. BY CHiEf DEPUTY RECORDER RECORDm IN "tHE OFFICE OF THE OEPARlWENT OF PUBUC WORKS THIS _ DAY Of 20_ DIRECTOR Of PI.JfI..& ~.S BAKER~ ð(óf~ C) (P >-- .., E~~!~~~ aTY CL£RK Of THE CITY OF BAKERSFIELD. CAUFORNIA 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 (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. Maintenance Districts for new developments formed after January 12, 2005 shall be assessed per Attachment A of Resolution 019- 05 adopted by the City Council on Jan 12,2005. X 'òAII'~i' ~ ~ I- ~ EXHIBIT "C" õ G Page 1 of 4 OR'GNA~ 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: Single Family (Detached) Dwelling Unit, less than 5 acres EDU REMARKS 1.0 Per parcel 1.0 Per parcel USE Agricultural Zone 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. ~ 'òAkê~ C) "cJI >- "" EXHIBIT .Jë.. ~ t::> Page 2 of~RIGINAl 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) 0.58/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) Miramonte, 178 (4-13) 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 ~ 'òAt(&, C) .~ >- - EXHIBIT "C"!:: m Page 3 of 4 (.")ORIGINAf 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) ExhCOSRevised 5-04-05 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 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). Park maintenance fee to be paid per Ordinance No. 3957. ~ 'ò^^'ê~ C) ¡p EXHIBIT "C"'= ~ - IT> Page 4 of 4°0RlGlN.4Lt; EXHIBIT "D" MAINTENANCE DISTRICT AREA 3-33 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 EXHIBIT ~ V.A/(ê~ C) (> ,,~ ~ - '" '-' ,... ORIGINALtJ EXHIBIT "E" MAINTENANCE DISTRICT AREA 3-33 ASSESSMENT ROLL FISCAL YEAR 2004-2005 Assessor's Tax No. Total amount to be collected for FY 2004-2005 497 -010-57-00-1 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield " EXHIBIT "E" ~ <ÕAKê~ C) (p >-- "<\ I- - _ m ~ ,... nRfnl"Jf\f>