HomeMy WebLinkAboutRES NO 040-07
RESOLUTION NO. 0 4 0 - 0 7
A RESOLUTION ADDING TERRITORY, AREA 5-31
(PACHECO, COTTONWOOD 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. 1506, adopted February 7,2007, declared its
intention to add territory, Area 5-31 (Pacheco, Cottonwood 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 5-31 (Pacheco, Cottonwood NW), as shown
and designated on that certain map entitled "Map and Assessment Diagram for Addition
of Territory, Area 5-31 (Pacheco, Cottonwood 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 5-31 (Pacheco, Cottonwood 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 5-31 (Pacheco, Cottonwood
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.
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3. Exhibits "A" and "B" describe the additional territory, Area 5-31
(Pacheco, Cottonwood 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.
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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
I='FR 2 8 2007- , by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED:
FEB 2 8 2007
HARVEY .HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~0b ~_
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD5-31 Est05.doc
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-31 (PACHECO, COTTONWOOD NW)
Fiscal Year 2006-2007
Addition of territory, Area 5-31 (Pacheco, Cottonwood NW) to the
Consolidated Maintenance District is generally described as an area bounded by a line
approximately 1,320 feet north of Pacheco Road on the north, Cottonwood Road on the
east, Pacheco Road on the south and a line approximately 1,320 feet west of
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 constructed within the City.
Additional territory, Area 5-31 (Pacheco, Cottonwood NW) is being added
EXHIBIT "1"
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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 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 5-31 (Pacheco, Cottonwood NW), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
2/r)/O 7-
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 5-31
Being a portion of the of the Southeast quarter of Section 17, Township 30 South, Range 28 East,
M.D.B.&M., more particularly described as follows:
Beginning at the Southeast comer of said Section 17, said point being the centerline intersection of
Pacheco Road and Cottonwood Road, said point being the True Point of Beginning;
1) Thence along the centerline of Pacheco Road, North 89028'48" West, a distance of 1314.89 feet;
2) Thence departing said centerline, North 00031 '30" East, a distance of 1321.57 feet;
3) Thence South 89028'46" East, a distance of 1314.11 feet, more or less, to a point on the East line
of said Section 1 7, said point also being on the centerline of Cottonwood Road;
4) Thence South 00029'27" West, along the centerline of Cottonwood Road, a distance of 1321.55
feet, more or less, to the True Point of Beginning.
Containing 39.88 acres, more or less.
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
<AREA 5-31 PACHECO, COTTONWOOD NW) TO THE
CON8OUDAlED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
S 89'28'46" E 1314.11'
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DISTRICT
BOUNDARY
S 89'28'46" E 1314.89
~ PACHECO RD
SE COR. SEC 17.
T.JOS, R2BE, T.P.O.B.
FIlm IN lHE OFflCE OF 1HE aTY lURK lHlS _ DAY
OF 2lL.
aTY lURK OF THE aTY OF
BAKERSFIElD, CALIFORNIA
AN ASSESSIlENT WAS Ln1ED BY lHE aTY COUNaL ON THE LOTS.
PIECES N#J PARCELS OF LAND SHOllN ON lHlS ASSESSIlENT DIAGRAM.
SAID ASSESSIlENT WAS Ln1ED ON lHE _ DAY OF
2lL; SAID ASSESSIlENT DIAGRAM AND
lHE ASSESSIlENT ROLl. ~ RECORDED IN lHE 0Ff1CE OF lHE
DEPARlUENT OF PUBUC WORKS OF SAID aTY ON lHE _ DAY
OF 2lL. REFERENCE IS WADE TO 1HE
ASSESSIlENT ROU. RECORDED IN lHE 0Ff1CE OF lHE DEPARnlENT OF
PUBUC WORKS fOR 1HE EXACT AllOUNT OF EACH ASSESSIlENT Ln1ED
AGAINST EACH PARca OF LAND SHOllN ON THIS ASSESSIlENT DlAClWI.
aTY lURK OF THE aTY OF
BAKERSFIElD, CALIFORNIA
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NOT TO SCAlE
FIlm fOR REOClRD THIS _ DAY OF
2Q...... AT _ ~W.. IN BOOK _ OF ASSESSIlENT
DISTRICTS AT PAGE _IN THE OFflCE OF THE COUNTY
REcalDER OF lHE COUNTY OF KERN, STATE OF CALlFDRNA.
BY
JAUES W FITCH
COUNTY ASSESSOR-REcalDER
CHEf DEPUTY RECClRIlER
RECORDED IN lHE OfflCE OF lHE DEPARlUENT OF PUBUC _
lHlS _ DAY OF 2Q......
D1RECltlR OF PUBUC _
BAKERSFlElD. CAlJfORN1A
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RLE: 1105-31 SHEET 1 .f 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 Countx, All
Urban Consumers Consumer Price Index. ~ ~ I(C-9~
EXHIBIT "C" ~ ~
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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.
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Page 2 of 1foFUGINAL
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 & 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
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EXHIBIT "C" 5 S
Page 3 of 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.
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Page 4 of ~RIGINAC'
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 5-31
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
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ORIGINAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 5-31
ASSESSMENT ROLL
FISCAL YEAR 2006-2007
Assessor's Tax No.
Total amount to
be collected for
FY 2006-2007
172-070-36-00-0
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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