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Home My WebLink AboutRES NO 317-06 RESOLUTION NO.8 1 '2' - 0 6- A RESOLUTION ADDING TERRITORY, AREA 3-59 (S. ALLEN, PENSINGER 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 5). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1494, adopted November 29, 2006, declared its intention to add territory, Area 3-59 (S. Allen, Pensinger 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 3-59 (S. Allen, Pensinger SE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 3-59 (S. Allen, Pensinger SE), 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 3-59 (S. Allen, Pensinger 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 3-59 (S. Allen, Pensinger 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 ~ COM~-9 (:) ~ ~ - t- rn _ r- c..:> 0 ORIGINAL 3. Exhibits "A" and "B" describe the additional territory, Area 3-59 (S. Allen, Pensinger 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 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 ~ COf>..KC'-9 o ~ ;;,... - I- rn - r- (.) 0 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 DEe 1 3 ZOOS, by the following vote: 6.~ NOES: ABSTAIN: ABSENT: _ ..-- &.-- t.-- l---- ~ COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER d...d.t.. !l. ffi.~ CITY CLERK and Ex Officio ark of the Council of the City of Bakersfield APPROVED: DEe 1 3 2006 APPROVED as to form: VIRGINIA GENNARO City Attorney BY:~~,~ Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD3-59Est05.doc 3 ~ ~f>..KC'-9 o % ;;,... - I- rn _ r- L:l (:7 ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3-59 (S. ALLEN, PENSINGER SE) Fiscal Year 2006-2007 Addition of territory, Area 3-59 (S. Allen, Pensinger SE) to the Consolidated Maintenance District is generally described as an area bounded by Pensinger Road on the north, a line approximately 1,320 feet east of Windermere Street on the east, a line approximately 1,320 feet south of Pensinger Road on the south and South Allen 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 constructed within the City. Additional territory, Area 3-59 (S. Allen, Pensinger SE) is being added to the Consolidated Maintenance District for the maintenance of a park and public street EXHIBIT "1" ~ cof>..K~-9 o % ;;,... - I- m - r- L:l 0 ORIGINAL 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 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 3-59 (S. Allen, Pensinger SE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: I//~c;/ot,.. 2 EXHIBIT "ji'f>..Kc: ~ ~~ >- ~ .... m _ r- L:l 0 ORIGINAL LEGAL DESCRIPTION Area 3-59 Being a portion of the South half of Section 24, Township 30 South, Range 26 East, M.D.B.&M., more particularly described as follows: Beginning at the West quarter comer of said Section 24, said point being the centerline intersection of Pensinger Road and South Allen Road, said point also being the True Point of Beginning; 1) Thence along the East-West center section line of said Section 24 and centerline of Pensinger Road, South 89024'33" East, a distance of3968.28 feet; 2) Thence departing said center section line and centerline, South 00054' 19" West, a distance of 1320.25 feet; 3) Thence North 89024'49" West, a distance of 1320.06 feet, more or less, to a point on the North- South center section line of said Section 24, said point also being on the centerline of Windermere Street; 4) Thence along said center section line and centerline, North 00053'52" East, a distance of712.34 feet; 5) Thence departing said center section line and centerline, North 89006'08" West, a distance of 48.00 feet; 6) Thence North 00053'52" East, a distance of2.74 feet; 7) Thence North 89024'33" West, a distance of 110.78 feet; 8) Thence South 00035'27" West, a distance of5.00 feet; 9) Thence North 89024'33" West, a distance of 1460.00 feet; 10) Thence South 53023'08" West, a distance of 189.76 feet; 11) Thence North 89004'11" West, a distance of 879.17 feet, more or less, to a point on the West line of said Section 24, said point also being on the South Allen Road; 12) Thence along the West line of said Section 24 and centerline of South Allen Road, North 00055'49" East, a distance of719.55 feet, more or less, to the True Point of Beginning. Containing 79.54 acres, more or less. ~ ~~KC'-9 <:) % >- - .... m - r- EXHIBI~~iGINA~ 1 t i t- ... ~~ !i" ~ J:e !~ ~'" .'.~ ~; ;;II ..~ b MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERFlTORY (AREA 3-59 8. ALLEN, PENSINGER BE) TO 1HE CONSOUDATED MAINTENANCE DISlRCT BAKERSFIELD, CALIFORNIA W1/4 COR. SCC. 24 TJOS, R26c T.P.O.B. DISTRICT BOUNDARY C PENSINGER ROAD ~ ~ ~ - A. NB9'06'OB"W 48.00' B. NOO'SJ'S2.c 2.74' C. NB9'24'3J"W 110.7B' D. SOO'JS'27"W S.OO' c. NS3'2J'OB.c 1B9.76' ~~ ~~ 2:~ ~ ~ ~ - ~ ,..,. o NOT TO SCAlE fUJl IN nlE orna: Clf' THE OTY Q.ERl( lHIS _ DAY Clf' 20- f1t.ED FOR RECORD lHS _ DAY Clf' 20- AT _ _II.. IN IIOClK _ Clf' ASSESSIlEHT DlS11lICTS AT PAGE _ IN nlE orna: Clf' '!HE COUNTY RECORDER Clf' THE COUNTY Clf' KERN. STAlE Clf' CAUFClRNA. OTY lURK Clf' nlE OTY Clf' IAKERSFlDD. CAIJF'CIRNIA JAMES W FITCH COUNTY ASSESSQR-RECCRlER IY AN ASSESSIlENT WAS LL\1ED IY THE OTY COUNCIl. ON '!HE LOTS, PIECES AND PARCEl.S Clf' LAND SHOYIN ON lHIS ASSESSNENT IlIA_. SAID ASSESSIlENT WAS Ln1EIl ON THE _ DAY Clf' 20....; SAID ASSESSIlENT IlIAGRAII ANI) nlE ASSESSIlENT ROLL WERE REcalDED IN '!HE orna: Clf' '!HE DEPAR1\IENT Clf' PUIlUC ~S Clf' SAIl) OTY ON THE _ DAY Clf' 2CL.. REFERENa: IS MADE TO THE ASSESSIlENT ROLL REcalDED IN THE orna: Clf' THE DEPAR1\IENT Clf' PUIlUC ~S FOR THE EXACT AIIClUNT Clf' EAOl ASSESSIIENT LL\1ED AGAINST EAOl PARCD. Clf' LAND SHOWN ON THIS ASSESSIlENT IlIAClRAII. OllEY DEPUTY RECCRlER RECORDED IN THE orna: Clf' THE DEPAR1\IENT Clf' PUlUC ~S THIS _ DAY Clf' 20- OTY CURK Clf' THE OTY Clf' IAKERSflElD. CAUFORNIA DIRECTOR Clf' PUIlUC WORKS IAKERSf1EI.D. CAUFClRNI~ t# ~, "t--9 ~ % ~ - .... r- i3 0 EXHIsrf'FAL filE< t.4D3-59 SHEET' of 1 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. ~~I(~~ EXHIBIT "et c; Page 1 o~ & 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 Single Family (Detached) Dwelling Unit, less than 5 acres EDU 1.0 1.0 REMARKS Agricultural Zone Per parcel 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) 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. co" I( c: EXHIBIT ~.. ~~ ;;,... ~ Page 2tf)f 4 ~ (,) (:7 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) Parkside Villaae (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 & Verduao (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. Villaae Lane (1-20) Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave.! Stockdale Hwy, frontage EXHIBIT ,,~~~K~-9~ Page 3 ~4 ~ 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) 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. ~ fQ~K~~ EXHIBIT ..~' ~ Page 4 0~1G1tW. EXHIBIT "0" MAINTENANCE DISTRICT AREA 3-59 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 Less: City Contributions $0.00 $0.00 Estimated Beginning Fund Balance(Deficit) NET AMOUNT TO BE ASSESSED $0.00 ~ V>A/(~~ o ~ ~ - EXHIBrrOA~A~ EXHIBIT "E" MAINTENANCE DISTRICT AREA 3-59 ASSESSMENT ROLL FISCAL YEAR 2006-2007 Assessor's Tax No. Total amount to be collected for FY 2006-2007 524-170-10-00-8 524-170-11-00-1 524-170-16-00-6 (portion) $0.00 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield ~ coAKC'~ o ~ EXHIBIT ..~.. g ORIGINAL