HomeMy WebLinkAboutRES NO 119-07
RESOLUTION NO. 11 9- 0 7
A RESOLUTION ADDING TERRITORY, AREA 1-71
(RENFRO, BRIMHALL W), 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 4).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1535, adopted May 23, 2007, declared its
intention to add territory, Area 1-71 (Renfro, Brimhall W), 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 1-71 (Renfro, Brimhall W), as shown and
designated on that certain map entitled "Map and Assessment Diagram for Addition of
Territory, Area 1-71 (Renfro, Brimhall W), 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 1-71 (Renfro, Brimhall W), 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 1-71 (Renfro, Brimhall W), 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
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
~N .6 2007 ,by the following vote:
-
c:AYrn
NoES:
ABSTAIN:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER '=\-\-~
~& I CITY CLERK and Ex Icia Clerk of the
Council of the City of Bakersfield
APPROVED:
~~N 6 2001
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By. /!ixd; m 4fvJt
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD1-71Est05.doc
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-71 (RENFRO, BRIMHALL W)
Fiscal Year 2006-2007
Addition of territory, Area 1-71 (Renfro, Brimhall W) to the Consolidated
Maintenance District is generally described as an area bounded by a line approximately
370 feet north of Brimhall Road on the north, Renfro Road on the east, the Goose Lake
Slough on the south and a line approximately 1 ,320 feet west of Renfro 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 public street
medians and other public street landscaping. The improvements generally include,
but are not limited to, 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 1-71 (Renfro, Brimhall W) is being added to the
Consolidated Maintenance District for the maintenance of public street median and
other street landscaping. The area will be assigned appropriate street tiers in the
Consolidated Maintenance District so that each parcel will be assessed the same
EXHIBIT "1"
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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
street landscaping has been installed. When street landscape improvements have
been completed, the appropriate street tier level 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.
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 "0" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 1-71 (Renfro, Brimhall W), subject to be assessed to pay the cost of maintenance
and operation in said area.
Dated:
c;/21/o I
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RAOL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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ORIGINAl
NOW, THEREFORE, I, RAUL M. ROJAS, Public Works Director of the City of
Bakersfield, by virtue of the power vested in me and per direction of the Council of said City,
hereby submit the Budget for the Consolidated Maintenance District for FY 2007-2008
attached hereto as Exhibit "011. The Assessment Roll, Exhibit "Ell for the Consolidated
Maintenance District, for all parcels of property within the various areas of benefit of the
Consolidated Maintenance District, subject to be assessed to pay the cost of maintenance and
operation of the above described improvements in said territory is on file in the City Clerk's
Office.
Dated:
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RAUL M. ROJAS
Public Works Director
City of Bakersfield
Attachment:
Exhibit "0"
S:\PROJ ECTS\MAINDIST\ROI\CMD_07 -08_Roi_Pk.doc
EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 1-71
Being a portion of the Southeast quarter of Section 27 and the Northeast quarter of Section 34,
Township 29 South, Range 26 East, M.D.B.&M., more particularly described as follows:
Beginning at the Northeast comer of said Section 34, said point being the centerline intersection of
Brimhall Road and Renfro Road, said point also being the True Point of Beginning;
1) Thence along the East line of said Section 34 and centerline of Renfro Road, South 00026'18"
West, a distance of 1323.58 feet;
2) Thence departing said section line and centerline, North 89030' 17" West, a distance of 1322.85
feet;
3) Thence North 00028'37" East, a distance of 1695.38 feet;
4) Thence South 89030'48" East, a distance of 1321.70 feet, more or less, to a point on the East line
of said Section 27 and centerline of Renfro Road;
5) Thence South 00026'18" West, a distance of372.00 feet, more or less, to the True Point of
Beginning.
Containing 51.47 acres, more or less.
EXHIBIT ~~~K~1>
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ORIGINAL
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MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 1-71, RENFRO, BRIMHALL W) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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_ t BRIMHALL ROAD
HE COR. SEe. 34,
T29S, R211E, T.P.O.B.
21 22 ~ 23 24
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4 '" 27
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KILO ARE STREET
10 11 12 13 14 15 16
B
25 26 27
28 28
26 25 24
17 18
18
S89'30'17"E
- - GOOSE - LAKE
RID II "tHE CJmCE QI' lHE OTY a.ERK lHlS _ DAY
QI' 2Q....,
OTY CURK OF lHE OTY QI'
BAKERSFIELD. CAUFORHIA
AN ASSESSIlOlT WAS LE'IIED BY lHE OTY COUNCIl. ON 1HE LOTS,
PIECES AND PARCELS QI' LAND SHOt,lN ON THIS ASSESSMENT DlAGRAII.
SAID ASSESSIIENT WAS LE\1ED ON lHE _ DAY OF
20....; SAID ASSESSIIENT DlAGRAII AND
lHE ASSESSIIENT RDU. WERE RECORDED IN THE CJmCE OF 1HE
DEPARlWENT OF PUBUC WORICS OF SAID OTY ON lHE _ DAY
QI' 2Q...., REFERENCE IS "ADE TO lHE
ASSESSIlENT RDU. RECORDED IN lHE CJmCE OF lHE DEPARlWENT OF
PUBUC WORKS FOR lHE EXACT AlIOUNT OF EACH ASSESSIIENT LE\1ED
AGAINST EACH PARCEl. OF LAND SHOt,lN ON lHlS ASSESSIIENT DlACRAlI.
OTY CURK OF lHE OTY OF
BAKERSFIELD. CAUFORNlA
1322.85'
SlOUGH
-=======----
FILm FOR RECORD THIS _ DAY OF
20..... AT _ _.... IN BOOK _ OF ASSESSIIENT
DISTRICTS AT PAGE _ II lHE oma: OF lHE COUNTY
RECORDER OF 1HE COUNTY QI' KERN. STAlE OF CALJFORNlA.
JAUES W FITCH
COUNTY ASSESSOR-RECORDER
BY
CHIEF DEPUTY RECORDER
RECORDED IN lHE CJmCE OF lHE DEPARlWENT OF PUBUC WORKS
lHlS _ DAY QI' 2Q....,
DIRECTOR OF PUBUC WORKS
BAICERSF1ELD. CAUFORN1A
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EXHiBIt .B.'9~
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ORIGINAL
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. ~A.K€
EXHIBIT "c" J ?>tfl
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Page 1 of 4 I;:: }!!
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ORIG'MAL
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:
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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.
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EXHIBIT "C" ~ m
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Page 2 of 4 oORIGINAC'
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)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
0.86/unit
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" ~ ~
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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 "C"
Page 4 of 4
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ORlr.1NAL
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 1-71
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)
Estimated Beginning Fund Balance(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$0.00
$0.00
EXHIBIT
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ORIGINAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-71
ASSESSMENT ROLL
FISCAL YEAR 2006-2007
Assessor's Tax No.
Total amount to
be collected for
FY 2006-2007
407-012-25-00-5
408-012 -04-00-1
408-012-05-00-4
$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"
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ORIGINAL