HomeMy WebLinkAboutRES NO 052-07
RESOLUTION NO. ~ 7
A RESOLUTION ADDING TERRITORY, AREA 5-33
(BELLE TERRACE, MADISON 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. 1512, adopted February 28,2007, declared its
intention to add territory, Area 5-33 (Belle Terrace, Madison 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 5-33 (Belle Terrace, Madison SE), as
shown and designated on that certain map entitled "Map and Assessment Diagram for
Addition of Territory, Area 5-33 (Belle Terrace, Madison 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 5-33 (Belle Terrace, Madison 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 5-33 (Belle Terrace, Madison
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.
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ORIGINAL
3. Exhibits "A" and "B" describe the additional territory, Area 5-33 (Belle
Terrace, Madison 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.
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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
MAR 1 4 2007 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARs6N, BEMi'AM, w~, COUCH, HA~N, SULLIVAN, SC~ER
COUNCILMEMBER i'\,O)o\.t.
COUNCILMEMBER ~
COUNCILMEMBER (\1) 'i'lAAAj Il(}.~
APPROVED:
MAR 1 4 2007
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~ m 4kf;
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD5-33EsI05.doc
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-33 (BELLE TERRACE, MADISON SE)
Fiscal Year 2006-2007
Addition of territory, Area 5-33 (Belle Terrace, Madison SE) to the
Consolidated Maintenance District is generally described as an area bounded by a line
approximately 420 feet south of Belle Terrace on the north, a line approximately 440
feet west of Cottonwood Road on the east, a line approximately 1,290 feet south of
Belle Terrace on the south and a line approximately 560 feet east of Madison Street 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.
EXHIBIT "1"
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ORIGINAL
Additional territory, Area 5-33 (Belle Terrace, Madison SE) is being added
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 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 5-33 (Belle Terrace, Madison SE), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated: .J~/ //o'J-
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RAU( M. ROJAS -
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 5-33
Being a portion of the of the Southeast quarter of Section 5, Township 30 South, Range 28 East,
M.D.B.&M., more particularly described as follows:
Beginning at the center of said Section 5, said point being the centerline intersection of Belle Terrace
and Madison Street; thence along the East-West center section line of said Section 5 and centerline of
Belle Terrace, North 89041 '23" East, a distance of 557.02 feet; thence departing said center section line
and centerline, South 52016'34" East, a distance of 126.19 feet; thence South 00010' 12" West, a distance
of 377.72 feet to the True Point of Beginning;
1) Thence continuing South 00010'12" West, a distance of864.57 feet;
2) Thence North 89041 '35" East, a distance of 557.31 feet, more or less, to a point on the Easterly
right-of-way of Windsor Street, said point also being on a non-tangent curve, concave
Southwesterly, with a radius of570.54 feet and a radial bearing of South 40023'56" West;
3) Thence Southeasterly along said curve and Easterly right-of-way, through a central angle of
06043 '33", an arc distance of 66.97 feet;
4) Thence departing said curve and right-of-way, North 47007'29" East, a distance of 68.82 feet;
5) Thence North 89041 '35" East, a distance of 840.21 feet;
6) Thence North 00023' 19" East, a distance of 449.28 feet;
7) Thence South 89041 '37" West, a distance of557.52 feet;
8) Thence North 00023'19" East, a distance of288.92 feet;
9) Thence South 89041 '23" West, a distance of 345.03 feet;
10) Thence North 00023' 19" East, a distance of 126.45 feet;
11) Thence South 89041 '23" West, a distance of 597.05 feet, more or less, to the True Point of
Beginning.
Containing 23.47 acres, more or less.
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EXHIBIT"&!' F;;
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ORIGINAL
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MAP AN) ASSESSMENT DIAGRAM
FOR ADDITION OF 1EFIITORY
(AREA 5-33 BELLE TERRACE, MADISON BE) TO THE
CONSOLDATED MANT'ENANCE DI81RCT
BAKERSFIELD, CALIFORNIA
til CENTER SEC. 5
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~I A ~ BELLE TERRACE
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A. N89'41'23"[ 557.02'
B. 552'16'34"[ 128.19'
C S4T07'29"W 88 82'
&DIllS A LEtAiItl
D. 570.54' 08'43'33" 88.97'
NlIlI""
T.P.O.8...............
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N89'4I'~~"r 'U..~Il~'
DISTRICT
BOlJNIlARY---..,..
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N89'41'J7"E 557.52'
,/
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589'41 35'1 557.31
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./74Y
589'41'35'1 840.21'
FUD IN 1HE 0fI'lCE f1F 1HE aTY a..ERK 1HtS _ DAY
OF 20.....
FUD F'llR RECClllD 1115 _ DAY f1F
20..... AT _ --M.. IN lOOK _ OF ASSESSIlENT
D1Slll1ClS AT PN1E. _ IN 1HE 0fI'lCE f1F 1HE CClUNTY
RECCIRIlER f1F 1HE CDlINTY f1F ICERN. STAlE OF CALJFQRNlA.
aTY a..ERK f1F 1HE aTY f1F
IAICERSF1EI.D. CALJFQRNlA
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NOT TO SCALE
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JAWES W FITCH
COUNTY ASSESSClR-l\ECClADER
IY
CHEF IIEPUTY RECClRIlER
All ASSESSUENT WAS LE\'lED IY 1HE aTY COUNCl. ON 1HE LOts,
PECES N<<J PARCELS f1F LAND SHOlIN ON 1115 ASSESSIlENT IlIAClRAM.
SAID ASSESSIlENT WAS Ln1ED ON 1HE _ DAY f1F
2lL..: SAID ASSESSIlENT D1AClRAM N<<J
1HE ASSESSIlENT Ra.L WERE RECORDED IN 1HE OFfICE OF 1HE
IlEPARlMENT OF PUlIJC WllIlKS f1F SAID aTY ON 1HE _ DAY
f1F 2ll.... RERRENCE IS IIA1lE TO 1HE
ASSESSIIENT Ra.L RECORDED IN 1HE OFfICE f1F 1HE IlEPNmlENT f1F
PI8JC WllIlKS F'llR 1HE EXACT AMOUNT f1F EAal ASSElISIIENT LE't1ED
CMNETS
RECORDED IN 1HE llFF1CE f1F 1HE IlEPAR'OlENT f1F P\BJC WllIlKS 1HI~ _ DAY f1F 20.....
IllREC'lllR f1F I'\8JC WllIlKS
IAICERSFIEUl, CAUFtIINA
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EXHIBt .S. ~
FU: IIDII-33 c::,
aTY a..ERK f1F 1HE aTY f1F
IAICERSF1EI.D, CALJFQRNlA
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. ~ fOAKS'''9
EXHIBIT "C" ~ ~
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Page 1 of 4 (3 t;
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)
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.
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EXHIBIT "C" ~ '9~
Page 2 of 4 5 ~
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)
Multi-Family
Dwelling Unit (Shores)
1.0
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
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EXHIBIT "C" ~ ?'~
Page 3 of 4 ~ ~
OF4IGINAI
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 "C" ~ fOAK~l'
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ORIGINAL
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 5-33
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
EXHIBIT
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ORIGINAL
EXHIBIT liE"
MAINTENANCE DISTRICT AREA 5-33
ASSESSMENT ROLL
FISCAL YEAR 2006-2007
Assessor's Tax No.
Total amount to
be collected for
FY 2006-2007
168-200-14-00-2
168-200-16-00-8
168-200-30-00-8
168-200-33-00-7
$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
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EXHIBIT "E" ~ m
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ORIGINAL