HomeMy WebLinkAboutRES NO 089-06
RESOLUTION NO. 0 8 9 .; O"W
A RESOLUTION ADDING TERRITORY, AREA 1-65
(REAL, CHESTER 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 2).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1441, adopted March 8, 2006, declared its
intention to add territory, Area 1-65 (Real, Chester 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 1-65 (Real, Chester NE), as shown and
designated on that certain map entitled "Map and Assessment Diagram for Addition of
Territory, Area 1-65 (Real, Chester NE), 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 1-65 (Real, Chester 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 1-65 (Real, Chester 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.
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3. Exhibits "A" and "B" describe the additional territory, Area 1-65 (Real,
Chester 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 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.
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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the ~ouncil of the City of Bakersfield at a regular meeting thereof held on
MAR Z 2 20 , by the following vote:
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NOES:
ABSTAIN:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH. HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER (,",~"-,,k \ ~Q",,"'---'v~
CITY CLERK and Ex Offici lerk of the
Council of the City of Bakers leld
APPROVED:
MAR 2 2 2005
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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By: ÎvY(,Yvii, In (
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Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-65 (REAL, CHESTER NE)
Fiscal Year 2005-2006
Addition of territory, Area 1-65 (Real, Chester NE) to the Consolidated
Maintenance District is generally described as an area bounded by a line approximately
500 feet north of Chester Lane on the north, Highway 99 on the east, Chester Lane on
the south and Real 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 1-65 (Real, Chester NE) 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
amount as other parcels receiving a similar benefit.
EXHIBIT "1"
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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 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 2005-2006 Budget and Assessment Roll as set
forth in Exhibit "0" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 1-65 (Real, Chester NE), subject to be assessed to pay the cost of maintenance
and operation in said area.
Dated:
7/7/c(;;
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RAUL M40JAS -
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 1-65
Being a portion of the Northeast quarter of Section 35, Township 29 South, Range 27 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the centerline intersection of Real Road and the easterly extension of Chester Lane as
shown on Parcel Map No. 2032 recorded in Book 9 of Parcel Maps at Page 156, said point being the
True Point of Beginning;
I) Thence North 00°52'47" East, along the centerline of Real Road, a distance of530.13 feet;
2) Thence departing said centerline, South 89°05'56" East, a distance of595.95 feet, more or less,
to a point on the westerly right-of-way of State Highway Route 99;
3) Thence South 21°59'39" East, along said westerly right-of-way, a distance of368.61 feet;
4) Thence South 17°34'49" East, continuing along said westerly right-of-way, a distance of 103.22
feet;
5) Thence South 65°54'39" West, a distance of 147.71 feet, more or less, to a point on the northerly
right-of-way of said Chester Lane;
6) Thence South 00°52 '38" West, a distance of 30.00 feet, more or less, to a point on the centerline
of said Chester Lane;
7) Thence North 89°07'22" West, along said centerline, a distance of 638.02 feet, more or less, to
the True Point of Beginning.
Containing 8.35 acres, more or less.
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MAP AND ASSESSMEKf DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 1-65, REAL, CHESTER NE) TO THE
CONSOUDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
OISTRICT BOUNOARY
N 89"05'56" W 595.95'
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N 89'07'22" W
638.02'
C a _.en LANE'
T.P.O.B.
FLED IN THE omCE OF lHE CITY Cl£RK THIS _ DAY
OF 20_
AL.£D FOR RECORD THIS _ DAY OF
20---, AT _ _W.. IN BOOK _ OF ASSESSMENT
DISTRICTS AT PAGE _ IN THE OFFICE Of' THE COUNTY
RECORDER Of' niE COUNTY OF KERN, STATE Of' CAlIFORNIA.
CITY a..ERIC Of THE CITY OF
BAKERSfIElD, CAUFORNlA
JAMFS W FITCH
COUNTY ASSESSOR-RECORDER
BY
OilEr DEPUTY RECORDER
AN ASSESSWENT WAS LE'v1ED BY THE CITY COUNCIL ON THE lOTS.
PtEŒS AND PARCB.S Of LAND SHO'Mol ON THIS ASSEsstÆHT DIAGRAM.
SAID ASSESSMENT WAS LE't1ED ON lHE _ DAY Œ
20....; SAID ASSESSWEHT DIAGRAM AND
lHE ASSESSMENT ROlL WERE RECORDED IN 1HE ornct OF THE
DEPARTMENT OF PUaJC WORKS OF SAID CITY ON lHE _ O"V
Of 20_ RUERENCE IS MADE 10 THE
ASSESSMENT ROlL RECORDED IN THE 0f'F'ICE Of THE DEPARTMENT Of
PUBLIC WORKS FOR THE EXACT AMOUNT OF EADI ASSESSNENT lE'o1£D
AGAINST EACH PARŒ1.. Of LAND SHOWN ON THIS ASSESSMENT OIACfiAN.
RECORDED IN 11"IE ornCE Of THE DEPARTMENT Of PUBUC WORKS
THIS DAY Of 20_
DIRECTOR OF PU8UC WORKS
BAKERSfIElD. CALFORNJA
CITY a..ERIC OF THE CITY Of
BAKERSFIELD, CMJFORNlA
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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
(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 ..~~!\K¿-,y<!;.
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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)
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.
EXHIBIT ..~~Mf1ó'
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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)
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
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EXHIBIT "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. Calloway (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.
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-65
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, Materiais and Utilities)
$0.00
Estimated Beginning Fund Balance(Deficit)
$0.00
$0.00
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
EXHIBIT
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ORIGINAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-65
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total amount to
be collected for
FY 2005-2006
020-110-13-00-6
$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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