HomeMy WebLinkAboutRES NO 120-06
RESOLUTION NO. 1 2 0 - 0 6
A RESOLUTION ADDING TERRITORY, AREA 4-53
(BRUNDAGE, S. CHESTER 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 1).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1447, adopted April 26, 2006, declared its
intention to add territory, Area 4-53 (Brundage, S. Chester 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 4-53 (Brundage, S. Chester SW), as shown
and designated on that certain map entitled "Map and Assessment Diagram for Addition
of Territory, Area 4-53 (Brundage, S. Chester 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 4-53 (Brundage, S. Chester 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 4-53 (Brundage, S. Chester
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.
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3. Exhibits "A" and "B" describe the additional territory, Area 4-53
(Brundage, S. Chester 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.
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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
MAY 1 0 200£ , by the following vote:
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ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED:
MAY 1 0 2006
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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By: /cíiJUi: ;rn. "- Ii t
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-53 (BRUNDAGE, S. CHESTER SW)
Fiscal Year 2005-2006
Addition of territory, Area 4-53 (Brundage, S. Chester SW) to the
Consolidated Maintenance District is generally described as an area bounded by
Brundage Lane on the north, S. Chester Avenue on the east, a line approximately 180
feet south of Brundage Lane on the south and a line approximately 280 feet west of S.
Chester Avenue 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 4-53 (Brundage, S. Chester SW) is being added
EXHIBIT "1"
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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 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 though fully set forth, upon all parcels of property within additional territory,
Area 4-53 (Brundage, S. Chester SW), 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 4-53
Being a portion of the Northwest quarter of Section 6, Township 30 South, Range 28 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the Northwest comer of said Section 6, said point being on the centerline of Brundage
Lane; thence South 89040'00" East, along the North line of said Section 6 and centerline of Brundage
Lane, a distance of 390.00 feet to the True Point of Beginning;
I) Thence continuing along said North line and centerline, North 89040'00" East, a distance of
281.97 feet, more or less, to the centerline intersection of Brundage Lane and South Chester
Avenue;
2) Thence along the centerline of South Chester Avenue, South 00001 '43" East, a distance of
180.00 feet;
3) Thence departing said centerline, North 89°40'00" West, a distance of281.97 feet;
4) Thence North 00001 '43"West, a distance of 180.00 feet, more or less, to the True Point of
Beginning.
Containing 1.17 acres, more or less.
EXHIBIT "A.</.,'òf>..K":,y
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MAP AN) ASSESSMENT DIAGRAM
FOR ADDITION OF TBRTORY
(AFEA 4-53, 8RUtÐAGE, 8. CHESTER fNI) TO Tt-E
CONSOLDATED MAMENANCE DISTFICT
BAKERSFIELD. CALIFORNIA
NW COR. SEC 6
T30S!R28E P.O.s.
589' 40'00" E 390.00'
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QrY Q.ERIC Of" THE CITY Of
BAKERSFIELD, CALJFORNIA
AN ASSESSMENT WAS LEVIED BY THE Ory COUNaL ON THE LOTS,.
PIECES AND PARœ..5 Of LAND SHOWN ON ntS ASSESSÆNT DIAGRAM,
SAID ASSESSÆHT WAS LEVIED ON niE _ DAY OF
20.......; SAID ASSESSMENT DIAGRAM AND
T1£ ASSESSMENT Ra.L \IERE RECOROED IN THE OFFICE Of' THE
DEPARNENT OF PUElUC WORKS OF SAI) CITY ON THE _ DAY
CF 2Q...... REFERENCE IS WADE TO THE
ASSESSMENT ROLL RECORDED IN THE OFFICE Of THE DEPARlUENT OF
PUBUC WORKS FOR THE EXACT ANOUNT Of" EACH ASSESSNENT LEVIED
AGAtlST EAOt PARCEL OF LAND SHOWN ON THIS ASSESSNENT DlACRAN.
CITY Q.ERt( Of" THE CITY OF
BAKERSFIELD, CAUFORNA
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BRUNDAGE LANE
589" 40'00" E 281 .97'
DISTRICT BOUNDARY
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NOT TO SCALE
FILED FOR RECORD THIS _ DAY CF
2Q....... AT _ ---,Y., IN BOOK _ CF Þ.SSESSWENT
DISTRICTS AT PACE _ IN 'THE OFfICE Of THE COUNTY
REcamER Of THE COUNTY Of' KERN. STA.TE OF CAUFORN....
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COUNTY ASSESSQR-RECOROER
BY
QtEf DEPUTY RECORDER
RECORDED IN 1HE OFFICE OF niE DEPARTWENT (If PUBUC WORKS
lMIS_DAYŒ 2Q......
0IREC1QR OF PUBlIC WORKS
BAKERSF1E1.O, CAUFORNIA
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INAL
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" '< ",I\/(f-ý
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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
Agricultural Zone
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
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" «.IòMf'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)
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)
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"
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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
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0.71/unit
6/acre
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REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
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.
EXHIBIT "C" IòMf
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-53
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
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-53
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total amount to
be collected for
FY 2005-2006
01 t-101-07-00-7
01t-t01-19-00-2
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E" '< 'òMf'9
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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
McDonald's
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of
McDonald's Corporation and Bakersfield Marketing. LLc. (hereinafter, "Owner"),
ConsoJidated Maintenance District, located in the City of Bakersfield, CaJifomia.
, 200_, by
in connection with the
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 of this
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 of the City of Bakersfield. This
covenant shall run with the land.
Dated this
day of
,200_.
Owner( s)/Developer(s):
McDonald's Corporation
City of Bakersfield:
Bakersfield Marketing, LLC
Raul M. Rojas, Public Works
Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
MD4-53 _ McDonaJds.doc
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