HomeMy WebLinkAboutRES NO 121-06
RESOLUTION NO. 1 2 1 - 0 6
A RESOLUTION ADDING TERRITORY, AREA 4.54 (36TH,
"Q" 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 2).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1446, adopted April 26, 2006, declared its
intention to add territory, Area 4-54 (36th, "0" 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 4-54 (36th, "0" N), as shown and designated on that certain
map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-54 (36th,
"0" 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 4-54 (36th, "0" 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 4-54 (36th, "0" 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.
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3. Exhibits "An and nB" describe the additional territory, Area 4-54 (36th,
"Q"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 "Cn), 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 b.Y.the Council of the City of Bakersfield at a regular meeting thereof held on
MAY 1 0 2006 , by the following vote:
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ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio CI
Council of the City of Bakersfiel
APPROVED: JAY 1 0 2QQS
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
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Attachments
Exhibit "1"
Exhibit "A"
Exhibit "6"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD4-54Est05,doc
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-54 (36th, "Q" N)
Fiscal Year 2005-2006
Addition of territory, Area 4-54 (36th, "Q" N) to the Consolidated
Maintenance District is generally described as an area bounded by 38th Street on the
north, a line approximately 350 feet east of "Q" Street on the east, 36th Street on the
south and a line approximately 350 feet west of "Q" 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 4-54 (36th, "Q" N) is being added to the
EXHIBIT "1"
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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 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 park, 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 thou~h fully set forth, upon all parcels of property within additional territory,
Area 4-54 (36t , "Q" N), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 4-54
Being a portion of the North half of Section 19, Township 29 South, Range 28 East, M.D.B.&M., more
particularly described as follows:
Beginning at the centerline intersection of 36th Street and "Q" Street as shown on Parcel Map No. 4792
recorded June 21,1978 in Book 21 of Parcel Maps at Page 16, said point also being the True Point of
Beginning;
I) Thence North 89°31'40" West, along the centerline of 36th Street, a distance of 346.53 feet;
2) Thence North 00°27'04" East, a distance of 477.95 feet;
3) Thence South 89°32'49" East, a distance of 24. 76 feet;
4) Thence North 00°27'21" East, a distance of215.00 feet, more or less, to a point on the centerline
of 38th Street;
5) Thence South 89°32'38" East, along the centerline of 38th Street, a distance of321.69 feet, more
or less, to the centerline intersection of 38th Street and "Q" Street;
6) Thence South 89°33'06" East, continuing along the centerline of38th Street, a distance of 346.45
feet;
7) Thence South 00°26'58" West, a distance of693.02 feet, more or less, to a point on the
centerline of 36th Street;
8) Thence North 89°33'25" West, along the centerline of36th Street, a distance of346.41 feet, more
or less, to the True Point of Beginning.
Containing 10.90 acres, more or less.
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MAP AND ASSESSMENT DlAûRAM
FOR ADDI110N OF TERRITORY
(AREA 4-54, 36TH, ·0· N) TO TI-E
CONSOUDAlED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
589'.32'.38"£ .321.69' N89'.3.3'06"W .346.45'
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589'.32'49"£ 24.76'
N89'.31'40"W .346.5.3'
fiLm IN THE ŒAŒ ex:- THE CITY a.ERK THIS _ DAY
Π'''-
tit. 36TH STREET
CITY a.£RI( OF THE CITY Œ
BAKERSFIÐ.D, CAUFORHIA
AN ASSESSMENT WAS I.EwtED BY THE CITY COUNCIL ON 1J£ lOTS,
PIECES AN:) PARŒl..S Of LAND SHOIfII ON THIS ASSESSWDlT DIAGRAM.
$AI) ASSESSWENT WAS LE\1ED ON THE _ DAY OF
20.....; SAID ASSESSNENT DIAGRAM ANtI
THE ASSESSNENT RaJ. 'll£RE RECORDED IN THE oma: Œ THE
DEPARNENT Of' PU8UC WORKS c:£ SAID CITY ON THE DAY
Of' 2tL..... REÆRENŒ IS MADE 1O"""'1HË
ASSESSIrÆNT ROLl. RECORDED IN THE oma: OF THE DEPAR1WENT OF
PUBlIC WORKS FtIR THE EXACT AMOUNT Of EAQi ASSESSMENT I.EwtED
AGAINST £Aa-t PARCEL Of lAND SHO\IIN ON 11-115 ASSESSNENT DI~AW.
CITY a.ERK OF THE CITY OF
BAKERSfIELD. CAUFtlRNlA
38TH STREET
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589'.3.3'25"£ .346.41'
T. P. DB.
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DI5TRICT
BOUNDARY
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fiLm FOR RECORD THIS _ DAY Of
20..... AT _ ----'I., IN BOOK _ OF ASSE:SSUENT
DISTRICTS AT PACE _ IN 11£ OFFICE Œ THE C()I.IrtTY
RECORDER tS THE COUNTY aF KERN. STATE Of CAUFORNIA.
.JAUF'~ W FlTCJ.I
cout4TY ASSESSOR-RECOROER
BY
a-tlEF' DEPUTY RECORDER
RECORDED IN THE CFf1ΠOF THE DEPARTNENT Of PUIIJC WORKS
1HIS DAY OF 20_
DIRECTOR ΠPUBUC WORKS
BAKERSF1ELD. CAlJF"ORN1A
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EXHIBIT .S"
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ORIGINßI "
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
NOTE: Undeveloped residential and commercial parcels with no existing adjacent median or
street landscaping shall be assessed one-half the number of EDU's for that parcel.
Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be
assessed one-fourth the number of EDU's for that parcel
(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 for areas formed prior to
January 12, 2005 have been frozen at the 1996-1997 level. Areas formed after January 12, 2005 will be
assessed an amount not to exceed $146.70 for 2005-2006. 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.
EXHIBIT "C"
Page 1 of 4
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-""---~~"- '._...----"',._-,--_._- _._. --.-.- ~._--_._------.-
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)
0.71/unit
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per the
above.
EXHIBIT "C" x 'ò;...l(f'9
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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)
Parks ide 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
(Parks ide Partners)
7.56
Brimhall & Verduqo (1-09)
Seven Oaks. North (2-11) & South (2-20)
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
EXHIBIT "C"
Page 3 of 4
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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. Callowav (1-15)
Coffee. Gosford (2-15)
Stockdale. Buena Vista SW (2-22)
S:\B30\211-00\docs\ExhC _06,doc
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
Area for each parcel is based
6/acre
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" '< lòÞ.Kf'9
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-54
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
EXHIBIT
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-54
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No,
Total amount to
be collected for
FY 2005-2006
t 20-181-20-00-3
120-181-27-00-4
120-181-32-00-8
$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"
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Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Tentative Tract No. 6537. All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of ,200_, by
Pac Park Investments. LLC (hereinafter, "Owner"), in connection with the Consolidated Maintenance District,
located in the City of Bakersfield, California.
The real property herein described is located within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way
within the district. The appropriate Street and Park Tiers will be assigned when landscape and park improvements
have been installed.
Although this property may have been assessed a lesser amount in the present tax year, the ultimate
estimated annual assessment for maintenance of a public park and public landscaping based on full buildout ofthis
district, is $146.70 per equivalent dwelling unit, based on fiscal year 2004-2005 dollars and labor costs of the
district. 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. (See Bakersfield City Council
Resolution No. 019-05.)
This covenant may not be amended or modified without the prior approval ofthe City of Bakersfield. This
covenant shall run with the land.
Dated this
day of
,200_.
Owner( s )/Developer( s):
Pac Park Investments. LLC
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
MD4+54_T6537.doc
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Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
TIns SPACE FOR RECORDER'S USE ONLY
Tentative Tract No. 6538. All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of ,200_, by.Q
Street Investments. LLC. (hereinafter, "Owner"), in connection with thc Consolidated Maintenance District, 10cated
in the City of Bakersfield, California.
The rea1 property herein described is 10cated within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way
within the district. The appropriate Street and Park Tiers will be assigned when landscape and park improvements
have been installed.
Although this propel1y may have been assessed a lesser amount in the present tax year, the ultimate
estimated annual assessment for maintenance of a public park and public landscaping based on full buildout ofthis
district, is $146.70 per equivalent dwelling unit, based on fiscal year 2004-2005 doHars and labor costs of the
district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los
Angcles---Riverside-Orange County! AH Urban Consumers Consumer Price Index. (See Bakersfield City Council
Rcsolution No. 019-05.)
This covenant may not bc amended or modified without the prior approval ofthe City of Bakersfield. This
covenant shall run with the land.
Dated this
day of __~__ ~_
,200 .
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Ow ner(s )/Developer(s):
illtreet Investments. LLC
City of Bakersfield:
Raul M. Rojas, Public Works Director
--..--.---.-....--'-
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NOTE: All owner(s)!developer(s) signatures must be notarized.
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MD4-54_J6538.doc