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Home My WebLink AboutRES NO 287-06 RESOLUTION NO. 2 8 7 - 0 6 A RESOLUTION ADDING TERRITORY, AREA 5-30 (BERKSHIRE, S. UNION NW), 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. 1489, adopted October 25,2006, declared its intention to add territory, Area 5-30 (Berkshire, S. Union NW), 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 5-30 (Berkshire, S. Union NW), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-30 (Berkshire, S. Union NW), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2006-2007 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 5-30 (Berkshire, S. Union NW), 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 5-30 (Berkshire, S. Union NW), 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 ~ <oAK~1> o ~ ~ - I- m - r- <.) C:1 ORIGINAL 3. Exhibits "A" and "B" describe the additional territory, Area 5-30 (Berkshire, S. Union NW). 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 2006-2007 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 ~ <oA.K~?> Q ~ .)... - I- m - r- (,) C:1 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 NOV 1 5 2.006 , by the following vote: ~ NOES: ABSTAIN: ABSENT: v v --- ----- a.--- - v-- COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~Li. CITY CLERK and Ex Officio Council of the City of Bakersfl APPROVED: NOV 1 5 2006 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~1rZ. ~< Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD5-30Est05.doc 3 ~ <OAK~'9 o (I .)... - .... I (3 r C1 OR/GINA,,- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-30 (BERKSHIRE, S. UNION NW) Fiscal Year 2006-2007 Addition of territory, Area 5-30 (Berkshire, S. Union NW) to the Consolidated Maintenance District is generally described as an area bounded by the Arvin-Edison Canal on the north, S. Union Avenue on the east, Berkshire Road on the south and a line approximately 560 feet west of S. Union 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 5-30 (Berkshire, S. Union NW) is being added to EXHIBIT "1" ~ <oAK~?> Q ~ .).... - .... m - r- (,;) C:1 OAIgINAI: 1 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. 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 2006-2007 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 5-30 (Berkshire, S. Union NW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: /0/Z1/0& . ~ RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~ <oA.K~1> o ~ ~ - I- m _ r- (,) 0 ORIGINAL LEGAL DESCRIPTION Area 5-30 Being a portion ofthe of the Northeast quarter of Section 30, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the East quarter comer of said Section 30, said point being the centerline intersection of Berkshire Road and South Union Avenue, said point being the True Point of Beginning; 1) Thence along the centerline of Berkshire Road, South 89054' 17" West, a distance of 566.33 feet; 2) Thence departing said centerline, North 00000'29" East, a distance of 1157.02 feet, more or less, to a point on the South right-of-way of the Arvin-Edison Canal; 3) Thence along said South right-of-way, North 89054'42" East, a distance of338.41 feet; 4) Thence departing said South right-of-way, South 00000'01" East, a distance of 100.00 feet; 5) Thence North 89054'42" East, a distance of227.75 feet, more or less, to a point on the centerline of South Union Avenue; 6) Thence South 00000'01" East, along the centerline of South Union Avenue, a distance of 1056.95 feet, more or less, to the True Point of Beginning. Containing 14.52 acres, more or less. EXHIBITd' l~K~-9Ql ~ ~ I- m - r- (,) C:1 ORIGINAL 1 t ii ~.. :Ill:; i~ J:e ~~ f ::~ ~~ ~8 ..\!! b MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-30 BERKSHIRE, 8. UNION NW) TO lliE CON8OUDAlED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA -.I ~ (S ~ o ~ fa I ~ S Q:: ~ B A ~ ~ ~ ~ A. SOO'OO'01 HE 100.00' B. N89'54'42.E 227.75 FlLIllIN tHE cma: OF tHE aTY a.EllK tHIS _ DAY OF 2CL. aTY a.EllK OF tHE aTY OF BAKERSFIElD. CAUfllRNIA AN ASSESSWENT WAS LE'IIm BY tHE aTY COUNa~ ON tHE LOlS, PIECES AND PARCElS Of' LAND SHOVltl ON tHIS ASSESSIIENT DlAGRAIot. SAID ASSESSWENT WAS LE\1m ON tHE _ DAY Of' 20-, SAID ASSESSWENT DlAGRAIot AND tHE ASSESSNENT ROlJ. YlERE RECORDED IN tHE cma: OF tHE DEPARlWENT Of' PUBUC WORKS Of' SAID aTY ON tHE _ DAY Of' 20~ REFERENa: IS WAllE TO tHE ASSESSIIENT ROlJ. RECORDED IN tHE cma: OF tHE DEPARlWENT Of' PUBUC WORKS fOR lHE EXACT .....OUNT Of' EAaf ASSESSWEHT LE'IIm AGAINST EACH .PARCEl. Of' LAND SHOIlN ON lHlS ASSESSlIENT DlAOR...... aTY a.EllK Of' tHE aTY Of' BAKERSFlElD, CAUfORNIA ~SOUTH UNION AVENUE NOaOO'01"W 1 056.95' E1/4 COR. SEC. 30 T30S, R2BE T.P.O.B. I II EllGIDIE1D DIlIVIl Q ~ Q:: ~ ~~ 5: ~~ ~eJ ~lX3 "E::i)J I~ I 0u:Jl ARIlOUI AVEIIUE NOO'OO'29"E 1157.02' DISTRICT BOUNDARY ~zo NOT TO SCAlE FlLED fOR REcalIl THIS _ DAY OF 2CL. AT _ _II.. IN BOOK _ OF ASSESSIIENT D1S11llCTS AT PAGE _IN tHE cma: OF tHE COUNTY RECORDER OF tHE COUNTY Of' I<ERN. STAlE OF CAUAlRNIA. JAMES W FITCH COUNTY ASSESSOR-RECORDER BY CHIEF DEPUTY RECORDER RECORDED IN lHE cma: Of' tHE DEPAR1ltlENT Of' PUBUC WORKS lHlS _ DAY Of' 20..... DIRECTOR OF PUBUC WORKS BAKERSFlEI.D, CAUfORNIA <oA.K~ EXHlaW -S- '9~ flLE: IlDS-3l5: SHErT' ." ~ 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. AK EXHIBIT "C" ~ <0 ~~ Q ~ Page 1 of 4 ~ Iii - ,.... (,) C:1 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: USE Agricultural Zone EDU 1.0 REMARKS Per parcel Single Family (Detached) Dwelling Unit, less than 5 acres 1.0 Per parcel 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. EXHIBIT "C" Page 2 of 4 ~ fQAI(~~tf! ;!Io.. ~ ~ m t} r- 0RfGttW. ~ 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 ~ <oAK~1> o ~ EXHIBIT "C~ ~ Page 3 of 4'OR/G'NA~ 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) 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. ~ ~AK~?> EXHIBIT nrl ~ Page 4 o((i. l; ORIGINAL EXHIBIT "Oil MAINTENANCE DISTRICT AREA 5-30 Said assessment is made in accordance with the benefit formula attached hereto. 2006-2007 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) $0.00 Estimated Beginning Fund Balance(Deficit) $0.00 $0.00 Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 ~ fQAK~?> o ~ ~ - .... m - r- EXHI BIt'o~aNAt EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-30 ASSESSMENT ROLL FISCAL YEAR 2006-2007 Assessor's Tax No. Total amount to be collected for FY 2006-2007 516-010-23-00-0 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield ~ <OAK~~ o cp- .:lo.. "1\ I- - _ m EXHIBIT "E" oOR/G/NAt