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Home My WebLink AboutRES NO 017-07 RESOLUTION NO. 017-07 A RESOLUTION ADDING TERRITORY, AREA 4-67 (MORNING, PALADINO 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 3). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1498, adopted January 17, 2007, declared its intention to add territory, Area 4-67 (Morning, Paladino 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 4-67 (Morning, Paladino NW), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-67 (Morning, Paladino 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 4-67 (Morning, Paladino 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: reference. 1. The foregoing recitals are true and correct and incorporated herein by 2. The Council hereby adds territory, Area 4-67 (Morning, Paladino 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 ~ fQf;..k~-9 o % >- - I- m _ r- <..) (:) ORIGINAL 3. Exhibits "A" and "B" describe the additional territory, Area 4-67 (Morning, Paladino 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 liD") 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 fQf;..k~1> ~ % >- - I- m _ r- <..) (:) ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council ffZtJm City of Bakersfield at a regular meeting thereof held on FES , by the following vote: .,.....--- ----- .....-- ...----- ----- ~ ~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER N: COUNCILMEMBER ~STAIN: COUNCILMEMBER CABSENT:.::> COUNCILMEMBER ~()..;V'l ~ ~d. APPROVED: 'ED 7 2007 APPROVED as to form: VIRGINIA GENNARO City Attorney By: ;8f;uvPh ~ Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit liD" Exhibit "E" MD1-67Est05.doc 3 fQM~-9 S. % >- m t- r- c:; (:) ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-67 (MORNING, PALADINO NW) Fiscal Year 2006-2007 Addition of territory, Area 4-67 (Morning, Paladino NW) to the Consolidated Maintenance District is generally described as an area bounded by a line approximately 3,960 feet north of Paladino Drive on the north, Morning Drive on the east, Paladino Drive on the south and a line approximately 2,460 feet west of Morning Drive 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 4-67 (Morning, Paladino NW) is being added to EXHIBIT "1" fQf;..k~-9 ~ % >- - I- m _ r- <..) 0 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 and 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 4-67 (Morning, Paladino NW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: I/U~dl- ~ RAUL M. ROJAS --- Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~ fQf;..k~-9 o % >- - I- m _ r- <..) (:) ORIGINAL LEGAL DESCRIPTION Area 4-67 Being a portion of the East half of Section 12, Township 29 South, Range 28 East, M.D.B.&M., more particularly described as follows: Parcel A Beginning at the Southeast comer of said Section 12, said point being on the centerline of Paladino Drive, said point also being the True Point of Beginning; 1) Thence North 89046'18" West, along the South line of said Section 12 and centerline of Paladino Drive, a distance of 1636.22 feet; 2) Thence departing said South line and centerline, North 03052'15" East, a distance of 574.36 feet; 3) Thence North 00037'25" East, a distance of750.61 feet; 4) Thence South 89047'35" East, a distance of263.40 feet; 5) Thence North 00030'58" East, a distance of 1323.91 feet, more or less, to a point on the East- West center section line of said Section 12; 6) Thence North 00035'18" East, a distance of 1321.46 feet; 7) Thence South 89047'55" East, a distance of 1337.27 feet, more or less, to a point on the East line of said Section 12; 8) Thence South 00037'49" West, along the East line of said Section 12, a distance of1321.10 feet, more or less, to the East quarter comer of said Section 12; 9) Thence South 00029'00" West, continuing along said East line, a distance of2648.82 feet, more or less, to the True Point of Beginning. Containing 130.09 acres, more or less. Parcel B Beginning at the South quarter comer of said Section 12, said point being on the centerline of Paladino Drive; thence along said South line and centerline, South 89046' 18" East, a distance of184.60 feet to the True Point of Beginning; 1) Thence departing said South line and centerline, North 00037'47" East, a distance of 1323.50 feet; 2) Thence South 89047'35" East, a distance of 607.17 feet; ~~k~-9 ~ cJl ~ >- - EXHIBIT "A ~ ~ <..) (:) Page 1 of20RIGINAL 3) Thence South 00037'25" West, a distance of 1323.73 feet, more or less, to a point on the South line of said Section 12 and centerline of Paladino Drive; 4) Thence along said South line and centerline, North 89046'18" West, a distance of607.31 feet, more or less, to the True Point of Beginning. Containing 18.45 acres, more or less. ~ ~~k~1> a ~ EXIDBI1:"A" ~ Page~of2 0 ORIGINAL 1 ~i I ~i t ~J f. f ;:~ i~ d i~ MAP AND ASSESSMENT DlAaRAU FOR ADDIT10N OF TEFllTORY (AREA 4-87, MORNING, PALADINO NW ) TO TIE CONSOLDAlED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA f1D7.Ir '/4 t.'Qt SEe IZ ; I DISI7lICT I1f1IMDN('I FWK:EL B ; t ~ I k 9 i SI/4 t.'Qt SEe IZ P.o.s FWK:EL B f1D7.JI FUll IN 1HE ornCE c:#' 1liE QTY a.ERK 1HIS _ DAY c:#' 20...... FILED FOR RECORD 1liIS _ DAY c:#' 2CL.. AT _ ---il.. IN BOOK _ rIF ASSESSMENT DlSlRlClS AT PAGIE _ IN 1HE ornCE rIF 1HE COUNTY RECORDER c:#' 'lliE ODUNTY c:#' KERN, STATE rIF CAUFalNA. QTY a.ERK c:#' 1liE QTY c:#' BAKERSF1El.D, CAUFClRIIA J,wrs W FITCH COUNTY ASSESSOR-RECORDER BY AN ASSESSI/ENT WAS Ln1ED BY 1liE QTY COUNaL ON 1HE LOTS, PIECES AND PARcn.s c:#' LAND SHOWN ON 1liIS ASSESSMENT DtAGRAII. SAID ASSESSI/ENT WAS Ln1ED ON 1liE _ DAY c:#' 20~ SAID ASSESSMENT DIAGRAM AND 1liE ASSESSWENT Rou. WERE RElXlRllEIl IN 1HE ornCE rIF 'lliE DEPAR'lNENT rIF PUIlUC WORKS rIF SAID QTY ON 1liE _ DAY rIF 20..... REFERENCE IS IIADE 10 1HE ASSESSI/ENT Rou. RElXlRllEIl IN 1HE ornCE rIF 1liE DEPAR'lNENT c:#' PUIlUC _S FOR 1liE EXACT AllOUNT rIF EACH ASSESSI/ENT LE'IlED AGAINST EACH PARCEl. rIF LAND SHOWN ON THIS ASSESSI/ENT DlAGRAII. CHEF DEPUTY REcalOER RElXlRllEIl IN 1liE ornCE c:#' 'lliE DEPAR'lNENT rIF PUIlUC WORKS 'lliIS _ DAY rIF 20...... DIRECTOR c:#' PlJIlUC _S BAl<ERSFlElD, CALFllRNIA QTY a.ERK rIF 'lliE QTY rIF BAKERSF1El.D, CAUFORNIA ~ """ o NOT TO SCALE <<. '(>f;..k~-9 EXHBIf -S- ~ _ r- Fll,[, lotD4-eV SHEET 1 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 $146.70 for 2005-2006. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. EXHIBIT "C" ~ fO~k~-9 () % Page 1 of 4 ;: m _ r- <..) (:) ORIGINAL EQUIVALENT DWELLING UNIT (EDU) CHART An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shall be calculated by use or potential use per zoning as follows: USE EDU 1.0 REMARKS Agricultural Zone Per parcel Single Family (Detached) Dwelling Unit, less than 5 acres 1.0 Per parcel Undeveloped R-1 zoned 5 acres or more. 4/acre Rounded down to the nearest whole number. Undeveloped R-1 zoned, less than 5 acres. 1/acre Rounded down to the nearest whole number. Multi-Family (Attached) Undeveloped R-2, R-3 0.71/unit 0.71/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6/acre Rounded to nearest .01 Mobile Homes in parks (Rent Space) 0.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. ~~k~ EXHIBIT tiC'! I$>~ Page 2 of~ S 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 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 fQf;..k-t. EXHIBIT "C" ~ -9% >- - Page 3 of 4 5 G 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. .. ,../(~ EXHIBIT ..('~ ~ '-9 ~ ~ Page 4 of~ ~ g 0 ORIGINAL EXHIBIT "0" MAINTENANCE DISTRICT AREA 4-67 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 ~ fQp..k~-9 () % EXHIBIT liS" ~ <.:> (:) ORIGINAL EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-67 ASSESSMENT ROLL FISCAL YEAR 2006-2007 Assessor's Tax No. Total amount to be collected for FY 2006-2007 436-062-03-00-8 436-062-16-00-6 436-062-18-00-2 436-062-21-00-0 $0.00 $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" ~ '{,r..k~-? o % >- -- I- m _ r- <..) (:) ORIGINAL