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Home My WebLink AboutRES NO 014-06 RESOLUTION NO. o -1 '4 i:" 06 A RESOLUTION ADDING TERRITORY, AREA 3-43 (PENSINGER, WINDERMERE 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 5). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1421, adopted January 11, 2006, declared its intention to add territory, Area 3-43 (Pensinger, Windermere 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 3-43 (Pensinger, Windermere N), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 3-43 (Pensinger, Windermere 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 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 3-43 (Pensinger, Windermere 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 3-43 (Pensinger, Windermere 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 « Iòþ.,K~-9 o (f' >- ~ ..... m _ r- '-' t; ORICJlNþ.,l 3. Exhibits "A" and "B" describe the additional territory, Area 3-43 (Pensinger, Windermere 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 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 "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. ----------()()()---------- 2 « lòþ.l(~'l o <!;.. :>- - ..... m _ r- o c::> 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 JAM 2 5 2006 , by the following vote: (~ NOES: ABSTAIN: ABSENT: v (../ v v V· V v--/ cOUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNclLMEMBER COUNCILMEMBER CITY CLERK and Ex Offi Council of the City of Bak APPROVED: JAM 2 '5 2006 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: I~Ìh ~ Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD3-43Est05.doc 3 'ò"-K$-» ~ ~ >- - r- m _ t- '-' t; ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3-43 (PENSINGER, WINDERMERE N) Fiscal Year 2005·2006 Addition of territory, Area 3-43 (Pensinger, Windermere N) to the Consolidated Maintenance District is generally described as an area bounded by a line approximately 1,320 feet north of Pensinger Road on the north, a line approximately 660 feet east of Windermere Street on the east, Pensinger Road on the south and a line approximately 660 feet west of Windermere Street 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 3-43 (Pensinger, Windermere N) is being added EXHIBIT "1" . <¢M"'-9 c5 (þ " > - .... m _. t- e) t; 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 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 3-43 (Pensinger, Windermere N), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: 1/ 1'1.-/6~ , , A_ RAUL r.f. ROJA~ Director of Public Works City of Bakersfield EXHIBIT "1" 2 "Mt-9 ¿- ~ >- m '::: r- () t; nl'1lGINAL LEGAL DESCRIPTION Area 3-43 Being a portion of the of the North half of Section 24, Township 30 South, Range 26 East, M.D.B.&M., more particularly described as follows: Beginning at the East quarter comer of said Section 24, said point being the centerline intersection of Buena Vista Road and Pensinger Road; thence along the East-West center section line of said Section 24 and centerline of Pensinger Road, North 89°22'50" West, a distance of1983.10 feet to the True Point of Beginning; I) Thence continuing along said center section line and centerline, North 89°22'50" West, a distance of 1322.22 feet; 2) Thence departing said center section line and centerline, North 00°55'38" East, a distance of 1319.84 feet; 3) Thence South 89°22' 14" East, a distance of 661.17 feet, more or less, to a point on the centerline ofWindennere Street; 4) Thence South 89°22'05" East, a distance of661.03 feet; 5) Thence South 00°55'33" West, a distance of 1319.58 feet, more or less, to the True Point of Beginning. Containing 40,06 acres, more or less, EXHIBIT "A" <¢M,,:s> fŠ (~ >- m ~ J:: ,) ~ ORIGINAL i " ¡ [:f ='> ~~I ~~ ~tj ~ ~ ~ !~ ~~ ~ :!:e /" c~ ;."" 8~1 ,,~ ;;;,J ::1 MAP AND ASSESSMENT DIAGRAM FOR ADDITlON OF TERRITORY (AREA 3-43, PENSINGER, WINDERMERE N) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA DISTRICT 80 í UNDARY N89"22·'...·W. 661.17' N89":22'OS"W. 661.03' A\ 68 67 66 65 64 6J 1 2 J 4 5 6 // ~y YOSÐI1TE """ '<~ 108 109 110 111 112 l1J 62 61 60 59 58 57 7J 11 74 12 r,~ ~~5 2 55 56 75 107 104 10J 1J 76 Iy: 52 TE11IN COURT 77 "'-"'ER""'" 14 . 78 101 51 49 48 - 50 15 79 i 100 16 . 80 ~ " 4J 44 45 46 47 99 17 81 I 98 mLOWSroNE """ 18 82 Wr41 i 19 83 40 J9 J8 J7 J6 PH. SE 20 1 i 84 21 96 95 94 ~ J2 85 J1 JJ J4 J5 22 """" COURT 91 COURT ./ 2J SUMP 86 87 88 25 ~ 89 90 29 28 27 26 \.. N89'22'SO·W 1322.22' PENSINGER RO :; ~ 5 18 .,; 5 ß ~ o oJ :0 .., jg 8 z oJ .., .., ;g 8 z NOT TO SCAl£ ~ N89'22'SO"W -+J EAST 1/4 COR. OF SECTION 24, r.30S., R.26E. P.D.B. T.P.C.B. FILED IN THE OFfICE Of THE CITY CLERK THIS _ DAY or 20---, RL£D F'OR RECORD THIS _ DAY Œ 20- AT _ _M., IN BOOK _ Of ASSESSMENT DISTRICTS AT PAGE _IN THE omŒ Of THE COUNTY RECORDER Of' THE COUNTY Of KERN, STATE Of CAUFORNIA. CITY CLERK OF TI£ CITY OF BAKERSFIELD. CAUFORMIA .1A.t.lI='~ W F'1TC~ COUNTY ASSESSOR-RECORDER AN ASSESSMENT WAS t.£YlED BY THE CITY COUNCIL ON THE LOTS, PIECES AHD PARCELS OF LAND SHO'M4 ON 1HtS ASSESSWENT DlAGR...... SAID ASSESSMENT WAS l£VIED ON THE _ DAY OF 20.....; SAID ASSESSWENT DIAGRAM AHD THE ASSESSMENT ROlL WERE RECOftDED IN THE OFFICE OF TME DEPAR'NENT Of PUBUC 'M)R(S Of SAID OTY (JIlTHE _ DAY Of 20---, REFERENCE IS WAOC TO TME ASSESSMENT ROlL R[COROEI) IN THE Cf'F'ICE OF THE DEPARTMENT OF ¡:ÞJ8JC WORKS FOR THE EXACT AMOUNT Of EACH ASSESSMENT LE\1ED AGAINST EAOi PARCEl. OF LAND SHOYfol ON THIS ASSESSWENT DIAGRAM. BY CHIEF DEPUTY RECORDER RECORDED IN THE Cf'F'IŒ OF THE DEPARNENT OF PUBUC "WORKS THIS _ DAY OF 20---, :3IR£::::)P.~~~1 BAKERSFIElD. CAUF~I\ f." , '< '-9,f' - a -'<'I EXHIBTt -as gi n~_ '''-0' œl0lNAL ¡ OTY CL.£RI( OF THE OTY Of BAI<ERSFI£LD, CAUFORHIA 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. 'ò M to' ~ ,J' EXHIB'~ "_.f" 'f' II '-'>- m Page 1 of {, r; 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 Single Family (Detached) Dwelling Unit, less than 5 acres EDU REMARKS 1,0 Per parcel 1.0 Per parcel 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) O,71/unit Mobile Homes in subdivisions (Owner) 1 ,DO/unit Mixed Use Each calculated per the above. ~M£,'Ý EXHIBIT "f7 ~ Page 2 ~4 J!: (.) C) ORIGINAL --.-- --_..~.~.- --.- ~.,,_.__..._.._.._. .~ .....-....-.-.-..........-.-... ...----~...- 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) O,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, fr():':tage 'òMI':SO EXHIBIT ..df '~ Page 3 08 Ii' o CJ 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) Backup of ExhC05Revised,wbk 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. <>l'.Kt1> '< ú' EXHIBii ..~ ~ m Page 4 of.,1 G ORiGINAL EXHIBIT "D" MAINTENANCE DISTRICT AREA 3-43 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 Estimated Beginning Fund Balance(Deficit) $0.00 $0.00 Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 JIòMt~~ >- .,,- en EXHIBIT~ r; ORIGINAl. ~---...-_..--.---.---~-'-..-.---- EXHIBIT "E" MAINTENANCE DISTRICT AREA 3-43 ASSESSMENT ROLL FISCAL YEAR 2005-2006 Assessor's Tax No, Total amount to be collected for FY 2005-2006 524-170-05-00-4 $0,00 Total $0,00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield , 'ÒMt~ Ö' ~ EXHIBIT "En >- iñ r- r- 'Q C:> ORIGINAl