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Home My WebLink AboutRES NO 241-05 RESOLUTION NO. 2 4 1 - 0 5 A RESOLUTION ADDING TERRITORY, AREA 1-52 (BRIMHALL, DEPETRO N), 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. 1364, adopted October 12, 2005, declared its intention to add territory, Area 1-52 (Brimhall, DePetro N), 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 1-52 (Brimhall, DePetro N), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-52 (Brimhall, DePetro N), 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 fonmula, 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 1-52 (Brimhall, DePetro N), 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 1-52 (Brimhall, DePetro N), 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 '< ~Mt,,? o ,f >- ~ 1_ m -- r- o ö OíilGiNAL 3. Exhibits "A" and "B" describe the additional territory, Area 1-52 (Brimhall, DePetro N). 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 street landscape improvements have been installed. When street landscape improvements have been completed, the appropriate 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 "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 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 ",ilK/' ~ ,,'< ~ ',-" "-.) .......' >, - \:.:.. :2: o () OHIGINAL 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 nr.r ~ R'nn~ , by the following vote: v v v v V- ,/ /' COUNCllMEMBER CARSON, BENHAM. MAGGARD. COUCH, HANSON, SULLIVAN, SCRIVNER COUNCllMEMBER COUNCllMEMBER COUNCllMEMBER ~ iG'ðEs: ABSTAIN: ABSENT: CITY CLERK and Ex Officio Council of the City of Bakersfie APPROVED: OCT 2 6 2005 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: /JiJtd Îf1-, , Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD1-52Est05.doc 3 « \:, J\k (--:) () 1tf' , '"' - - !-- m - c- o (:; On!GINAL' City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-52 (BRIMHALL, DEPETRO N) Fiscal Year 2005·2006 Addition of territory, Area 1-52 (Brimhall, DePetro N) to the Consolidated Maintenance District is generally described as an area bounded by a line approximately 780 feet north of Brimhall Road on the north, a line approximately 660 feet west of Verdugo Lane on the east, Brimhall Road on the south and a line approximately 180 feet west of DePetro Drive 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 1-52 (Brimhall, DePetro N) is being added to the Consolidated Maintenance District for the maintenance of public street median and other street landscaping. The area will be assigned appropriate street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same EXHIBIT "1" ',:.·.i"t(i,' .X -' "1, ,'1 'I, )..~ ....~ iTJ ,-- :>. CJ ORiGINAL 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 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 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. 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 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 1-52 (Brimhall, DePetro N), 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 ----... "'-"1-"--' ,,^þ-'!\J:iÝ <, \. ...,~ \..J ~ ~- iÍÍ __ r \,) 0 01.:r;.\NAL LEGAL DESCRIPTION Area 1-52 Being a portion of the South half of the Southwest quarter of Section 30, Township 29 South, Range 27 East, M.D,B.&M., more particularly described as follows: Beginning at the South quarter comer of said Section 30, said point also being the centerline intersection of Brimhall Road and Verdugo Lane; thence South 89°47'10" West, along the South line of said Section 30 and centerline of Brimhall Road, a distance of995.14 feet to the True Point of Beginning; I) Thence South 89°47' I 0" West, continuing along the South line of said Section 30 and centerline of Brimhall Road, a distance of 355.00 feet; 2) Thence departing said Section line and centerline, North 00°\3'46" West, a distance of 777.29 feet; 3) Thence North 87°\3'26" East, a distance of675.69 feet; 4) Thence South 00°\3'58" East, a distance of219.94 feet; 5) Thence South 89°36'28" West, a distance of320.04 feet; 6) Thence South 00°\3'46" East, a distance of 586.56 feet, more or less, to the True Point of Beginning. Containing 7.97 acres, more or less. EXHIBIT "A"·, ~/( '< 'ò £" () ,(; ::.... '':' I:.: t- o t) ORIGINAL o o . ! ~ .. ~~ i " ~ ~ ~~ ,- ~~ ;¡¡ · E "0 /- ~è 6' 0, ~~ ~,; mo ZiJ; ~~ MAP AND ASSESSMENT DIAGRAM FOR ADDIl10N OF TERRITORY (AREA 1-52, BRIMHALL, DE PETRO N) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA N87'3'26·E 675.69' . 11 '2 13 . ,. ,. ,. 17 10 9 ~ ~B9'36'2B'E 320.0.' LOT "8" DISTRICT BOUNDARY i i \ i B . 7 18 ß . .; :!! - '" 6 ~ ~ 3 ¡., 0 ,. 8 z NOT TO SCALE /' ~ /.......... 2 ./ -- , "-..L.. I --- -- -- n .-----.---------.---- .---- 5.1/4 COR. SEC. 30, 29/27 ) _n_n_______n_n_n_____________________ .- -------------- ----4r. \. NBgo47'10"E 355.00' 995.14' " T.p.a.B. .. '" ,,; ¡:¡ --.------- '" :!! '" ,. 8 z åo N ... ... ... '" ~ ¡., ,. o o z ____n_n _______n _u_____ ____u_u _n______ _n____n 4t III aH .u.. fICIAD FILED IN 11-IE OfF1Œ Of THE CllY CLERI( 11"n5 _ OAY 0.- 2"- FILED fOR RECORD THIS _ DAY Of 2CL... AT _ ___M., IN BOOK _ OF ASSESSMENT DISTRICTS AT PAGE _ IN THE OFFICE Of' THE COUNTY RECOROER OF THE COUNTY Of' KERN, STA'n: Of CALIfORNIA. CITY CLERK OF n-tE CITY OF BAKEASF1ELD. CAUFORNIA .JAUf~ W FITCH COUNTY ASSESSOR-RECORDER AN ASSESSMENT WAS lEwtED BY THE CITY COUNCIL ON T1-IE LOTS. PlEŒS AND PARCELS Œ lAND SHD""" ON THIS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS lE'o1ED ON THE _ DAY OF 20----, SAID ASSESSWENT DIAGRAM AND THE ASSESSMENT ROlL WERE RECORDED IN T1£ OffICE Of THE DEPARTUENT OF PUBUC WORKS Of SAID CITY ON THE _ DAY or 20_ REÆRENŒ IS WADE TO THE ASSESSMENT ROU.. RECORDED IN THE oma: or THE DEPARlWENT or PUBLIC WORKS FOR lHE EXACT .....ooNT or EACH ASSESSWENT LEVIED AGAINST EACH PARCEl.. Of LAND SHO'Mol ON THIS ASSESSMENT ClAGR...... BY QoIIEF DEPUTY R£CORt)ER RECORDED IN lHE OfF1Œ Of lHE DEPARTUEHT Of PUBLIC WORKS lHlS _ DAY Of 20_ DIRECTOR Of PUBLIC WORKS BAKERSFIELD. CAUFORNIA ~ (S "- ':c <) o f\.K£/\ì (p -t' f'l c- e:., liG!NA.!. CITY Q.£RI( Of THE CITY Of BAKERSflELD. CAUFORHIA EXHIBIT 'B' rll..E: MDI-52 SHOCT 1011 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. " EXHIBIT "C"()" ~. Page 1 of 4, ,'7: .~) t:' O;::¡rCiNp.L < ç: '.() -'J) "" -.__._..,_.---~_._---- 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. ·9,Ai<.¿.. y '" .--<:'. EXHIBIT "C"~.j'(!;, Page 2 of 4\::: j!: u ~; (',qiSIN/-\[ .' _.._--'"._._----~.- 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 Villaae (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 & Verduao (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. Villaae Lane (1-20) Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave.! Stockdale Hwy, frontage """-'Î<" . v "'~,.J EXHIBIT "C" ¿¡'d' ~ Page 3 of 4 t pi ,~) C:; Qi:::c)!NAL ^.,..~_..."....-,..._._--~---- 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. to,!~ J\¿.~.<;} J' EXHIBIT "C"~ ~ j-- nl Page 4 of 4Ó é:~ lJ~;:::¡~·JA1.~ EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-52 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 Utilities) $0.00 Less: City Contributions $0.00 $0.00 Estimated Beginning Fund Balance(Deficit) NET AMOUNT TO BE ASSESSED $0.00 . ·¡'AK/, EXHIBIT jb"\J;~ 1---. nJ -""'- ,...- L'. C::7 (VT('I\'PJ EXHIBIT "E" MAINTENANCE DISTRICT AREA 1-52 ASSESSMENT ROLL FISCAL YEAR 2005-2006 Assessor's Tax No. Total amount to be collected for FY 2005-2006 11 0-130-34-00-9 11 0-1 30-43-00-5 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E'C{ \\i\'.~;?f' :>- "" 1- m -- r o ~. ')RJG!NAL '--"-'''-r-----