HomeMy WebLinkAboutRES NO 202-05
RESOLUTION NO.
202'=05
A RESOLUTION ADDING TERRITORY, AREA 3-37
(PANAMA, BUENA VISTA 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 5).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1396, adopted August 17, 2005, declared its
intention to add territory, Area 3-37 (Panama, Buena Vista 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 3-37 (Panama, Buena Vista NW), as shown
and designated on that certain map entitled "Map and Assessment Diagram for Addition
of Territory, Area 3-37 (Panama, Buena Vista NW), to the Consolidated Maintenance
District, Bakersfield, California," for Fiscal Year 2005-2006 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 3-37 (Panama, Buena Vista 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 3-37 (Panama, Buena Vista
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.
1
~ ~M~-9
o ~
>- -
m
t;;: r-
" '0
ORIGINAL
3. Exhibits "A" and "B" describe the additional territory, Area 3-37
(Panama, Buena Vista NW).
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 2005-2006 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
~ ~M~~
o %
>- -
.... m
- ,...
a '0
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
SEP , ,!ID!t by the following vote:
~,
'----.AVE&'
NOES:
ABSTAIN:
ABSENT:
"
v-
~-
~-
v
~
v-
COUNCILMEMBER CARSON, BENHAM, MAGGARD. COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED:
CITY CLERK and Ex Officio I
Council of the City of Bakersfie
S£P 7 20t)9
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: /IJkd m ~
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "8"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD3-37Est05.doc
3
~ ~A/(~-9
o II'
>. -1'1
.... ñi
- ,...
"ORIGINAl ()
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-37 (PANAMA, BUENA VISTA NW)
Fiscal Year 2005-2006
Addition of territory, Area 3-37 (Panama, Buena Vista NW) to the
Consolidated Maintenance District is generally described as an area bounded by
Pensinger Road on the north, Buena Vista Road on the east, Panarna Lane on the
south and a line approximately 1,320 feet west of Buena Vista 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 3-37 (Panama, Buena Vista NW) is being added
EXHIBIT "1"
X '9AK~~
a ~
>- -
I- m
- ,...
v '0
ORIGINAL
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
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 Forrnula 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 2005-2006 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 3-37 (Panama, Buena Vista 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
~ '9AK~-9
o ~
>- -
\- m
- ,...
" <::>
ORIGINAL
LEGAL DESCRIPTION
Area 3·37
Being a portion of the Southeast quarter of Section 24, Township 30 South, Range 26 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the Southeast corner of said Section 24, said point being the centerline intersection of
Panama Lane and Buena Vista Road, said point also being the True Point of Beginning;
I) Thence North 89°25'04" West, along the South line of said Section 24 and centerline of said
Panama Lane, a distance of 1,319.89 feet;
2) Thence North 00"54' 19" East, a distance of 2,640.51 feet, more or less, to a point on the
centerline of Pensinger Road;
3) Thence South 89°24'33" East, along said centerline of Pensinger Road, a distance of 1,320.22
feet, more or less, to a point on the East line of said Section 24, said point also being the
centerline intersection of Pensinger Road and Buena Vista Road;
4) Thence South 0 I °27'09" West, along the East line of said Section 24 and centerline of Buena
Vista Road, a distance of 2.45 feet, more or less, to the East quarter corner of said Section 24;
5) Thence South 00°54'43" West, continuing along the East line of said Section 24 and centerline
of Buena Vista Road, a distance of 2,637.86 feet, more or less, to the True Point of Beginning.
Containing 80.0 I acres, more or less.
EXHIBIT "A"x ~J>.K~~
Q ~
;,... -
I- m
_ r-
o '0
ORIGINAL
.____, r_·__·___'~_·_O>__<____"_·'·_"'
~
<~
..3¡::
"F¡~
E"
;~
~~
~
~
....:..
~~
~.
'"
ffi
~ ~
g~
8~
~~
g;5
ø~
/,
Vì<
~~
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRrrORY
(AREA 3-37, PANAMA, BUENA VISTA NW) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
~
N
o
LE
r' 1"".'"0''' /lOAD NOT TO SCA
1320.22' S 89'24'33- E
\
~ 25 A 26 ~ ~
(\" < 24 '\ 27 M
æ W
14 15 16 17 18 19 20 ~ " 22
23 28
~7 ZANCARA DRIVE 29 E 1/4 COR. SEe. 24
1JOS, R26E
------., 43 42
10 41 " 39 38 37 36 35 34 33 J2 " 30
P H J II
9 LAGO ENCANTO
w ... WAY
. . I:! 44 45 .. 47 " " 50 51 52 53 54 55 ~- 1 -- ;0
:!! i!' 56
.. ~ ~ CI
" 7 i 2 ..
0 ERESMA ORIVE i1; \)
z 6 0 It
< ~ 3
" 45 44 43 42 41 " 39 38 ~
< 37 36 35 34 33 ~
;;; 5 '" 4
g <
, ¡¡j ..
ø / 4 P AliI! 2 /j , ä! !::
N
~ ,.:
/ .. " 22 23 24 25 26 27 28 29 '" ~
3 30 " J2 < ø
" 6 N =:
1/ 2 I TRABANCOS DRIVE -1'---------- ..
I .\7 lit
47 20 19 18 17 16 15 14 )
.. " " 11 10 ,
1
'/'0
2
42 41 40 1 2 3 4 5 6 7 .
3 ~
DUERa DRIVE
~39" 47 .. 45 44 1;r4~
-'- 17
BEE SIØ!T.
fiLED IN THE OFFICE Of THE CITY CLERK THIS _ DAY
Of 20-,
fiLED FOR RECORD THIS _ DAY OF
20-, AT _ --"W., IN BOOK _ Of ASSESSMENT
DISTRICTS AT PAGE _IN THE OFFICE Œ n£ COUNTY
R£COROER OF' THE COUNlY Of KERN, STATE Of CALIFORNIA.
CITY ClERK Of THE CITY OF
BAKERSflELD, CAUF'ORNIA
.JAUF'S W I=1T~H
COUNTY ASSESSOR-RECORDER
BY
AN .&.SSESSIoIENT WAS lE'JIED BY THE CITY COUNCIL ON THE LOTS,
PIECES AND PARCELS Of LAND SHOWN ON THIS ASSESSWENT DIAGR......
SAID ASSESSMENT w,t,S lE'JIED ON THE _ DAY OF
20-, SAID ASSESSMENT D1AGRAI.I AND
THE ASSESSMENT ROLL WERE RECORDED IN THE omCE Of THE
DEPARTMENT OF PUBUC WORKS OF SAID CITY ON THE _ D"'Y
OF 20- REF'ER£NCE IS MADE TO THE
"'SSESSMENT Rot.l. RECOftDED IN THE OFTICE OF TIiE DEPARTMENT OF
PUBUC WORKS FOR THE EXACT .....OUNT OF EACH ...SSESSMENT LE\o1ED
"'GAlNST EACH PARCEL OF LAND SHO'MII ON THIS ...SSESSIiIENT OI...GR......
cttEF DEPUTY RECORDER
RECORDED IN THE orne£. OF THE DEPARTMENT OF PUBUC WORKS
THIS _ O"'Y OF 20_
DIRECTOR Of PUBlIC WORKS
BAKtRSFlEl.O, CAUFORNI",
CITY CLERK OF THE CITY OF
BAKERSFlElD, CAUFORNIA
x~M€
o
EXHIBrr ~.
FILE: MDJ-J7 ~B
o
o
.2~
~~
E"
~8
~,
gjUi
~
~
.
"
;;;<ii
,~
,w
0"
.x
~
~~
g~
8~
~~
g"ð
m~
;:;j.l
¿;S!
~~
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 3-37, PANAMA, BUENA VISTA NW) TO THE
~~DATEDM~MæNANCE~~~T
BAKERSFIELD, CALIFORNIA
BEE IH!ETt
-;:- -- - --
----.. ~ 13
œ H II 3
<
'" "
7 6 J8 33 34 35 J6 " J8 J9 40
15
OCREZA DRIVE
B 16
34 35 J6 " J2 J1 30 29
28 27 26 25
9 17
P HA S S .. B 18
10
33 J2 J1 30 29 28 27 26 25 " " " ¡:
'" 19
11
>- SANGRADO DRIVE 20
w
12 w
¡: .-
'" 28
" 15 16 17 18 19 20 "
13 " 22 22 "
w LAGO 'TESORO
~ 1 WAY
~
~ 40 39 J8 " J6 35 34 33 J2 J1 30 29 '" 27 ~ Q
0 2 < w
<3 ~ .. ...
z ~ 0
fAGUS DRIVE ~ 26 " ..
a 0
3 N '"
òñ iJ! z
< 25 ~
~ P A S '"
~ 4 41 42 43 44 45 46 47 48 49 50 ..
N 51 52 10 ~
" ..
5 .- ~
n
" ~
N =:
64 63 62 61 60 " 58 57 56 55 54 53
6 ..
I/¡ 22
< MONDEGO DRIVE ~~ III
N )
B I 9 ~>- 0\"
10 11 12 ¡!~ 13 " 15 16 17 18 19 20
0
œ
!:!
~. 1319.89' N 89"25'4- W
I'A SE COR. SE
f
IIAIIA LAII.
~24
TJOS, R26£ T.P,o.a.
ß
"""
o
NOT TO SCAlE
~ ~Mê'~
C)
EXHIBIT~B·
FILE: ~02-J7
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.
~ I/>AK~-?
o <P
EXHIBIT "C" >- ~
,.., '"
Page 1 of 4 <:; I;
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:
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)
Undeveloped R-2, R-3
0.71/unit
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.
X 'ò1\K~~
C) ~
EXHIBIT "C''Ç m
_ r-
Page 2 of 4"'ORIGINAl'0
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 11-04)
Undeveloped R-1 zoned
5 acres or more.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parkside Villaqe 12-01)
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
(Parks ide Partners)
7.56
Brimhall & Verduqo (1-09)
Seven Oaks. North 12-11) & South 12-20)
Miramonte, 17814-13)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue 11-07)
Stockdale, Californ ia N E 11-18)
Stockdale. Villaqe Lane 11-20)
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
~ 'ØMê'-9
() ~
>- -
I- m
_ t-
a '0
ORIGINAl
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)
ExhC05Revised.doc
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.
EXHIBIT "C"
Page 4 of 4
~ ~f>..KI:~
o <!;,
>- -
I-- m
_ r0-
t:> <:>
ORIGINAL
EXHIBIT OlD"
MAINTENANCE DISTRICT AREA 3-37
Said assessment is made in accordance with the benefit formula attached hereto.
2005-2006
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilifies)
$0.00
Estimated Beginning Fund Balance(Deficit)
$0.00
Less: City Contributions
$0.00
NET AMOUNT TO BE ASSESSED
$0,00
~ 'QAK~>9
o ~
>- -
EXHIBIT "~' g
ORIGINAl
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 3-37
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total amount to
be collected for
FY 2005-2006
524-170-28-00-1
524-170-29-00-4
524-170-30-00-6
524-170-31-00-9
$0.00
$0.00
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
~ '9þ.K~-9
() ~
>- -
I-- m
_ r-
a '0
ORIGINAL