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Home My WebLink AboutRES NO 123-06 RESOLUTION NO. 123-06 A RESOLUTION ADDING TERRITORY, AREA 5-25 (COTTONWOOD, WHITE SE), 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. 1451, adopted April 26, 2006, declared its intention to add territory, Area 5-25 (Cottonwood, White SE), 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 5-25 (Cottonwood, White SE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-25 (Cottonwood, White SE), 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 5-25 (Cottonwood, White SE), 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 5-25 (Cottonwood, White SE), 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 ~f>.K",y J ~ >- - r- ~ Õ t) ORIGINAl --------- -- ---"-'-'~-""'-'-"'-'----<--'-" 3. Exhibits "A" and "B" describe the additional territory, Area 5-25 (Cottonwood, White SE). 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 «. ~AKf-9 Q ~ >- _ m _ r- Ù r::, 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 M~Y 1 0 7006 , by the following vote: ~ AY . OES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio C Council of the City of Bakersfie APPROVED: MAY 1 0 20aG HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: 1~71z( ~ Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD5-25Est05.doc 3 X 'òf>..Kf-9 Q ~ >- -. ;-- m _ r- o C) ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-25 (COTTONWOOD, WHITE SE) Fiscal Year 2005-2006 Addition of territory, Area 5-25 (Cottonwood, White SE) to the Consolidated Maintenance District is generally described as an area bounded by White Lane on the north, a line approximately 1,330 feet east of Cottonwood Road on the east, a line approximately 660 feet south of White Lane on the south and Cottonwood 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 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 construc1ed within the City. Additional territory, Area 5-25 (Cottonwood, White SE) is being added to EXHIBIT "1" 'òM"-9 J ~ >- - m - r- Ó C) ORIGINAL 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 "0" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory, Area 5-25 (Cottonwood, White SE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: '-// /';/ ( ///"-~--- RAÚL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 'òl\Kf-9 J ~ >- - ;-- m _ r- o C) ORIGINAL LEGAL DESCRIPTION Area 5-25 Being a portion of the of the Southwest quarter of Section 16, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the West quarter comer of said Section 16, said point being the centerline intersection of Cottonwood Road and White Lane, said point being the True Point of Beginning; I) Thence along the East-West center section line of said Section 16 and centerline of White Lane, North 89°45'38" East, a distance of 1327.14 feet; 2) Thence departing said center section line and centerline, South 00°04'22" West, a distance of 660.98 feet; 3) Thence South 89°46'01" West, a distance of 1327.05 feet, more or less, to a point on the West line of said Section 16 and centerline of Cottonwood Road; 4) Thence North 00°03'54" East, along said West line and centerline, a distance of660.83 feet, more or less, to the True Point of Beginning. Containing 20.13 acres, more or less. EXHIBIT "A"'òMl'. J -9<1' '" >- ñi - r- Ó C) ORIGINAL e ~ ffi ~~ r ~ IJ~ i" :!:e 3~ ç ~~ ~~ ~¿ MAP AND ASSESSMENT DlAaRAM FOR ADDITION OF TERRITORY (AREA 5-25, COTTONWOOD, WHITE SE) TO THE CONSOUDAlED MAMENANCE DISTRICT BAKERSFIELD, CALIFORNIA Wl/4 COR. SEe 16 T30S/R28E T.P.O.B ~ WH1E LANE ~ S 89'45'38' \I 1'><>'> lA' /' ~M "0~ "na ~~g a a ~ " \ ) .. a " fa M \ )" M .. 00 ¡., . cr- ~ .. .... ~ " .. a M ~ ~ . ci CO '" '" ci a .... a '" '" .... '" u U " ,. '" .. ~ '" M q .... X D ~ i '" a § '" '" w !5 u § ~ " ÒJ .. J: ~ " < a " M .. » ~ C\J :.- < !::! F '" 0 ;,. 0 If) u V> ß '" ~ D ? ¡., ~ '" " " .. " " q Z » " ~ ~ '" ¡¡: <> '" ? < " <> ~ '" 8 <> " " " .. ~ . q x ~ <> z " .".. NICHOLAS MARTIN WAY .~ / , , . . . . , . . ~ " " " .. " " " " " \ S 89'46'01'\1 1327.05' J DISTRICT BOUNDARY ~ I I /'ttI I D I NOT TO SCALE I , FILED IN THE OF1'ICE OF THE CITY a..ERK THIS - DAY FILED ~ RECORD THIS _ DAY OF Of 21L.. 20...... AT __M., IN BOOK _ OF' ASSESSIrIIENT DISTRICTS AT PAGE _ IN THE OFFICE fIF THE COUNTY RECORDER Œ THE COUNTY OF' KEAN. ST41E OF CALIf'ORNIA. CITY cu:RK OF' THE CITY OF BAKERSFIELD, CAI.JfORNIA .JALF'!;i W F1TCH COUNTY ASSESSOR-RECORDER BY AN ASSESSMENT WAS l£\IIED BY THE CITY COUNCIL ON THE LOTS. QlEf' DEPUTY RECORDER PIECES AND PARCELS Of LAND SH01N ON THIS ASSESSMENT DIAGRAM. SAIO ASSESSMENT WAS LE\1ED ON THE _ DAY Of 2CL..; SAIl ASSESSNENT DIAGRAM AND RECORDED IN THE ŒAŒ OF THE DEPNmlENT OF PUElJC WORKS THE ASSESSWENT ROLl ÐE RECORDED IN 1tIE OFFICE OF THE THIS _ DAY OF 21L.. DEPARTlÆNT Of PUBlIC 'IIORKS Of SAID CITY ON THE _ DAY Of 20_ REFERENCE IS MADE TO THE ASSESSWENT ROll RECORŒD IN THE OFFICE OF THE DEPARTWENT OF DIRECTOR Œ PUBlIC 'M)R(S puauc WORKS FOR THE EXACT .....OUNT OF EACH ASSESSMENT lE'IIED BAKERSFIELD, CAUFQRNIA AGAINST EACH PARCEL Of LAND SHOWN ON THIS ASSESSMENT DIAGRAM. '(¡Mo CITY amK Of THE CITY Of EXHIBIT .~ BAKERSFIElD. CAUFORNlA FILE: ~D5-25 ;-- SHEETcr' URIGII AI -9<J1 -<' fT< C"- C) u ·,,^O,__ ---.-' 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 (5) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of Equivalent Dwelling Units (EOU'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 EOU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be assessed one-fourth the number of EOU'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 EOU'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 EOU'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. K EXHIBIT "C" J 'ò" f1~ Page 1 of 4 >- iñ ;-- r- Ó D ORIGINAL EQUIVALENT DWELLING UNIT (EDU) CHART An Equivalent Dwelling Unit (EOU) is equal to a single family residence. EOU'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. 'òMf EXHIBIT "c" J -9tJ' >- ê2 Page 2 of 4 '::: J!! o r::, 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) 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 (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 EOU's per 100 feet of California Ave.! Stockdale Hwy, frontage ~!lKf EXHIBIT "c" J -9~ >- - Page 3 of 4 t::: ié' o 1::1 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) 8:\830\211 ~OO\docs\ExhC_06.doc _ __,.. .^~_ ___"_'m.__.__.._.._~_._.._,_.__ ,. _~_____''--'__'.___. 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. 'òAK~ EXHIBIT "c" J 1<J> '" Page 4 of 4 ;:: ñí - r- Ù r::, ORIGINAL EXHIBIT "D" MAINTENANCE DISTRICT AREA 5-25 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 'òMf "lit. -9<1' '" >- - ~_ m _ r- .;; r::, ORIGINAL EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-25 ASSESSMENT ROLL FISCAL YEAR 2005-2006 Assessor's Tax No. Total amount to be collected for FY 2005-2006 172-020-14-00-1 (portion) $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" ~f>,Kt-9 J ~ >- - ;-- m _ r- o r::, ORIGINAL Recording reqnested 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. 6519. All Lots. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of Cottonwood Villages. LLC. (hereinafter, "Owner"), in connection with the Consolidated located in the City of Bakersfield, California. , 200_, by Maintenance District, 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 Jesser amount in the present tax year, the ultimate estimated annual assessment for maintenance ofa public park and public landscaping based on full buildout ofthis district, is $]46.70 per equivalent dwelling unit, based on fiscal year 2005-2006 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)/Ðeveloper( s): Cottonwood Villages. LLC Citv of Bakersfield: Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. MD5-25 _ T65 ¡ 9.doc «. 'òMf-9 <:> ~ >- ~::., ~ ,~ C) ORIGINAL