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Home My WebLink AboutRES NO 086-06 RESOLUTION NO. 086=0'6 A RESOLUTION ADDING TERRITORY, AREA 4-49 (DONALDO, CASA CLUB SW), 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 3). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1438, adopted March 8, 2006, declared its intention to add territory, Area 4-49 (Donaldo, Casa Club SW), 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 4-49 (Donaldo, Casa Club SW), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-49 (Donaldo, Casa Club SW), 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 4-49 (Donaldo, Casa Club SW), 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 4-49 (Donaldo, Casa Club SW), 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 'òMf-? 0" ó'. ~, >- fl' ,-- r- Ó t) f\11\r,INAL _ ...u.._____.... __ ,_._____~_....___.____._... ___.___"~__ 3. Exhibits "A" and "B" describe the additional territory, Area 4-49 (Donaldo, Casa Club SW). 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. ----------000---------- 2 'ò/>,K£.» ~ ~ >- rñ \_ r ~ D ,) ....nj('~\N~\ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the COUDcil of the City of Bakersfield at a regular meeting thereof held on MAR 2 2 2006 , by the following vote: cPF~ NOES: ABSTAIN: ( ~SIõ.NT-, ) v ~ 1._ ....--- r-- COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~_'" 'S_ ~ D ~ ~ ~ CITY CLERK and Ex Officio CI Council of the City of Bakersfield APPROVED: MAR 2 2 2000 HARVEY L. ALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: , / / i:/-4//~2¿ /}lL ., . I , , '/ / '~ i./},/-; -/ ,.( .'/. " / Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD4-49Est05,doc 3 « 'òMS'-9J> () .-('\ >- . iT ~ r '0 c: "D\~IN61 _, ._ __....._. ·~_·___·__'m_"_ __~_,_ _ .~_..__'_._...,.._____. ___.~__,_._._..'. ._."_____.~___,____..____.___.._. City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-49 (DO NALDO, CASA CLUB SW) Fiscal Year 2005-2006 Addition of territory, Area 4-49 (Donaldo, Casa Club SW) to the Consolidated Maintenance District is generally described as an area bounded by Casa Club Drive on the north, Donaldo Street on the east, a line approximately 1,300 feet south of Casa Club Drive on the south and a line approximately 600 feet west of Donaldo 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 4-49 (Donaldo, Casa Club SW) is being added to EXHIBIT "1" 1 'Q !\K l: 0' ~ ~ >- ííí >- r- -0 . (:J "nlf~I"\f.\l ~------_..-_...._. .._-~-_.._. 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 4-49 (Donaldo, Casa Club SW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: 1/7/c,¿c . A RAUL M. ROJAS - Director of Public Works City of Bakersfield EXHIBIT "1" 2 ;;,l'Kt.» á 'S >- m ~ [; v>î!1\G\NÞ-l LEGAL DESCRIPTION Area 4-49 Being a portion of the Southwest quarter of Section 14, Township 29 South, Range 29 East, M.D.B.&M., mOTe particularly described as follows: Beginning at the centerline intersection of Donaldo Street and Casa Club Drive as shown on Parcel Map No. 9784 recorded in Book 50 of Parcel Maps at Page 150, said point being the True Point of Beginning; 1) Thence South 51°45'00" West, along the centerline ofDonaldo Street, a distance of233.49 feet, more or less, to a point on a tangent curve, concave Southeasterly, with a mdius of 300.00 feet; 2) Thence continuing along said centerline, Southwesterly along said curve, through a central angle of 31 °45 '00", an arc length of 166.24 feet; 3) Thence continuing along said centerline, South 20°00'00" West, a distance of589.91 feet to a point on a tangent curve, concave Easterly, with a radius of300.00 feet; 4) Thence continuing along said centerline, Southeasterly along said curve, through a central angle of 40°00'00", an aTC length of209.44 feet; 5) Thence continuing along said centerline, South 20°00'00" East, a distance of20.00 feet; 6) Thence departing said centerline, South 70°00'00" West, a distance of 36.00 feet; 7) Thence North 20°00'00" West, a distance of20.00 feet to a point on a tangent curve, concave Easterly, with a mdius of 336.00 feet; 8) Thence Northwesterly along said curve, through a centml angle of 40°00'00", an arc length of 234.57 feet; 9) Thence North 20°00'00" East, a distance of 123.62 feet; 10) Thence North 59°06'37" West, a distance of 142.99 feet; II) Thence North 89°52'28" West, a distance of 178.07 feet; 12) Thence North 59°54'55" West, a distance of250.60 feet; 13) Thence South 67°38'36" West, a distance of 194.54 feet; 14) Thence North 48°54'42" West, a distance of72.95 feet; 15) Thence North 44°23 '15" East, a distance of 445.47 feet; '?"Mt.» ~ ~ EXHIBIT "Ã" ~ 'd fJ Page 1 or ò~IGINAl 16) Thence North 32°49'57" East, a distance of245.90 feet; 17) Thence North 07°36'09" East, a distance of260.75 feet; 18) Thence North 19°33'28" East, a distance of249.16 feet; 19) Thence North 14°45' 45" West, a distance of 136.26 feet; 20) Thence North 61°03'05" West, a distance of 99.32 feet; 21) Thence North 16°45'00" East, a distance of35.68 feet; 22) Thence South 67°13 '12" East, a distance of 142.81 feet; 23) Thence South 82°31'40" East, a distance of 265.82 feet; 24) Thence North 61 °10'54" East, a distance of98.91 feet; 25) Thence South 84°18'51" East, a distance of 100.95 feet, more or less, to a point on the centerline of Casa Club Drive; 26) Thence along said centerline South 01 °32'30" West, a distance of 50.37 feet to a point on a tangent curve, concave Northeasterly, with a radius of 900.00 feet; 27) Thence continuing along said centerline, Southeasterly along said curve, through a central angle of29°13'30", an arc length of 459.07 feet; 28) Thence continuing along said centerline, South 27°41'00" East, a distance of 107.84 feet to a point on a tangent curve, concave Northeasterly, with a radius of 400.00 feet; 29) Thence continuing along said centerline, Southeasterly along said curve, through a central angle of 10°34'00", an arc length of73.77 feet, more or less, to the True Point of Beginning. Containing 19.33 acres, more or less. 'ò ilK E.» ~ ~, EXHIBIT ':A'" [i! - Co Page 2 0t'MQI(;\NAI. > ~'$ '¡;oò o~ ,~ ~ti ffi~ ~c ~v; ~ > ~ . <. ,~ ~~ ~ ~ E ~~ 6N C~ ~g ~g "< /. Vi"- ,,~ ~ð MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF lERRITORY (AREA 4-49, DONALDO, CASA CLUB SW) TO THE CONSOUDAlED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~ ~ " ¡: . DISTRICTOOUNDARY N\!I"JJ'2a'[ Hi,lti' 1iJl"f9'~7'f 2f.19(1' ^ ." , 1'f.''õ. ..". ~ ~ i~ .- 1/20'00'00'[ 113.6' N2C'OO'OO"£. :;69091' , E QCNMDO .- \>'J.~ .tQ'~ \ÍiCj~.qJ NOT TO SCALE o o " ~ .l- e F1LED IN THE OFflCE or THE CITY a..ERK THIS _ DAY OF 20_ ALED FOR RECORD TI-tIS _ DAY Of 20........ AT _ ___W., IN BOOK _ OF ASSESSMENT DISTRICTS AT PAGE _IN THE OFFICE OF 1HE COUNTY RECOROER OF THE COUNTY OF KERN, STATE Of' CAUFORNIA. CITY C1.fRK Of THE CITY Of BAKERSFIELD. CAlIfORNIA .'AUF'!=1: W FITCH COUNTY ASSESSOR-RECORDER BY ~IEf DEPUTY RECORDER AN ASSESSNEJH WAS LE\1m BY tHE CITY COONa.. ON THE LOTS. PIEŒS AND PARCELS or LAND SHO'iWII ON THIS ASSESSMENT DlAGAA/ot. 5Á10 ASSESSNENT WAS ~m ON THE _ DAY OF 2<L..; SAID ASSEsstÆNT DIAGRAM AND THE ASSESSWENT ROll. WERE. RECORDED IN M OffICE Of THE DEPARTMENT OF' PUBlIC WORKS Of SAID CITY ON THE _ DAY OF 20_ REFERENCE IS MADE TO THE ASSESSMENT ROIJ. RECORDED IN 1HE OFfICE Of THE DEPAR1M£NT OF PUBUC WORI<S FOR THE EXACT AWQUNT OF EAa-I ASSESSMENT L£\1m AGAINST EACH PARŒL Of LAND SHO'M\l ON 11iIS ASSESSWENT DIAGRAM. RECORO£O IN THE OFAŒ Of THE DEPARTNEHT OF PUBUC WORKS THIS _ DAY Of' 20_ DIRECTOR Of PUBUC WORKS BAKERSfIElD, CAUFORNIA CITY ct.ERI< Of THE CITY OF BAKERSFIElD. CAUFORNIA <¢Mf.-» ð- EXHIBm-'B~ <:;:. FILE: ""04-49 ~T1Gfl 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. <0 ï>.K E1 EXHIBIT "eJ. ~ Page 1 of4 fi õ c:- n¡:¡IGIN61 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. 'òMt1 EXHIBIT ..~ .~ Page 2 of~ .' f' "0 (:) C)~Ir,INAl -- ._._..~.' .,.~.-. _.. "--- '._~"-""- - ..~ .-----.--.--.- ..._-.- ~ ------_.. - . 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 'ò~Kf<> :< 'rtf, EXHIBIT "c,o -;.. >-- rT, Page 3 of 't [; IìRlr,INAI _...._.,~..._.._......_.._,._.___,_... ~ T··_·_·...·_ ___.____,_....___ .__"._'___,_._...._,._____. 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" (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. ~Î'K£-9 EXHIBIT "C~ 'S >- (T1 Page 4 of 4: . :::: .J ~ CI<1I(;\NAL EXHIBIT "0" MAINTENANCE DISTRICT AREA 4-49 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 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 'f.ÞO.KI:1 ~ J' - '" EXHIBI~ "0" íi' ) r:;, ,\¡:¡Ir.INAl EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-49 ASSESSMENT ROLL FISCAL YEAR 2005-2006 Assessor's Tax No. Total amount to be collected for FY 2005-2006 387-010-25-00-6 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E'!{ 'tJMt1 () ~ >- - m r- r- Õ Co r¡RIf'INAI