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Home My WebLink AboutRES NO 150-07 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 5-38 (COTTONWOOD, CASA LOMA SW), 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). 150-07 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1543, adopted June 20, 2007, declared its intention to add territory, Area 5-38 (Cottonwood, Casa Loma SW), 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 5-38 (Cottonwood, Casa Loma SW), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-38 (Cottonwood, Casa Loma SW), 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 5-38 (Cottonwood, Casa Loma SW), 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 5-38 (Cottonwood, Casa Loma SW), 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 ~ fQAk~~ <:> q;, ~ ,<" I- i'\1 _ F (.) c 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 . Jl" 1 0 ~ , by the following vote: G~ NOES: ABSTAIN: ABSENT: ...-- .....- ..............- -- ...--- -- L---.' COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED: JUL 1 8 2007 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~m.~ Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD5-38Est05.doc 3 ~ ,?:>"'k~1> C> ~ >.. - I- m - r- (.) t) ORIGINAL 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 5-38 (Cottonwood, Casa Loma SW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: &/2B:/Z/t ~ RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~ fQAk~1> C> <P .:>.. -n f- Iii - r- C> t) ORIGINAL LEGAL DESCRIPTION Area 5-38 Being a portion of the Northeast quarter of the Northeast quarter of Section 8, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the Northeast comer of said Section 8, said point being the centerline intersection of Casa Lorna Drive and Cottonwood Road; thence South 00027'16" West, along the East line of said Section 8 and centerline of Cottonwood Road, a distance of 411.49 feet, more or less, to the True Point of Beginning; 1) Thence continuing along said East line and centerline, South 00027' 16" West, a distance of 248.91 feet; 2) Thence departing said East line and centerline, North 89027'24" West, a distance of350.00 feet, more or less, to a point on the centerline extension of Patino Drive; 3) Thence along said centerline and extension, North 00027'16" East, a distance of248.91 feet; 4) Thence departing said centerline, South 89027'24" West, a distance of350.00 feet, more or less, to the True Point of Beginning. Containing 2.00 acres, more or less. fQAk~1> EXHIBl1 "A" <S I- m - r- (.) <:;) ORIGINAL f Ii Ii I 3;1 'fa f- ::i ig :K~ ~s MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY (AREA 5-38, COlTONWOOD, CASA LOMA SW) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~ t:! ~~-- - NE COR. SEe. 8 =::::1 T30S, R28E P.O.B. I I NOT TO SCALE N89'27'24"W DISTRICT BOUNDARY T.P.O.B. 350.00' en , C'l en , N 2 10.1 . co ~ S'I 8 z 3 4 N89'27'24"W 350.00' nm IN _ llF1'lCE fIF 1HE aTY a.EIIC lHlS _ DAY f1I zo- fUD FOR IIECClI) 1ItS _ DAY fIF zo- AT _ --..u.. IN IIOClK _ fIF ASSESSIlEJlT DlSlRlClS AT PAGE _ IN 1HE llF1'lCE fIF 1HE COUNTY RECORDER fIF '!HE COUNTY fIF ICERN, STAlE fIF CAI.JFllRNA. aTY a.EIIC fIF 1HE aTY fIF 1lAl<ERSF1EI.D, CAUFClINA JALI~ W F1Taf COUNTY ASSESSClR-llECD M ASSESSIolENT WAS LnlED IY 1HE aTY COUNCIl. ON 1HE LOll, f'lECES AND PARCElS fIF LAND SHCNIl ON 1H1S ASSESSIlEJlT DIAGRAM. SAID ASSESSIIDlT WAS LE\1ED ON 1HE _ DAY fIF 2Q...; SAID ASSESSIlENT DIAGRAM AND 'tHE ASSESSI/EHT RClU. .alE RECORDED IN 1HE ClmCE fIF 1HE OEPAR'OotENT fIF PUalC WORICS fIF SAID aTY ON 1HE _ DAY f1I zo- REnREHCE IS WAllE 10 1HE ASSESSIlENT RClU. RECORDED IN 1HE ClmCE fIF 1HE DEPAR1IIENT fIF Pll8UC WORICS FOR 1HE EXACT AllOUNT fIF EACH ASSESSIlENT lLWIl AGAINST EACH PARCEL fIF LAND SHOWN ON lHIS ASSESSlotENT DlAClRAII. IY OIEI' DEPU1Y RECORDER RECClRDEI) IN 1HE llF1'lCE fIF 1HE DEPARTIIENT fIF PUaIC WORICS 1ItS _ DAY fIF zo- DIlEC10R fIF PUaIC WllRICS BNCERSFBD. ~ ~ ~<P .:>.. '"l'I EXHIBIT .B.~ b FU: WO~'_Jf aTY a.EIIC fIF 1HE aTY fIF BAI<ERSFIEUl, CAUFClRNlA " 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. fQAI(L'- EXHIBIT "C" ~ "'1> .:>.. ~ Page 1 of 4 t: Iii Co) S 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 O.71/unit O.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) O.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. EXHIBIT "C'~ ~"'I(~1> Page 2 of~ ~ i'3 S OAtGINAL 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. yg 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) Brimhall & Verduao (1-09) Seven Oaks, North (2-11) & South (2-20) 7.56 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 "C"cl< fQAJ(~1>~ Page 3 of -t m (.) C> 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 "S;~A/(~-? Page 4 cf4 ~ i). l; ORIG.MAL EXHIBIT "Oil MAINTENANCE DISTRICT AREA 5-38 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 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 ~~I(~ EXHIBIT '(' -9l O Q . , RIGINAl EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-38 ASSESSMENT ROLL FISCAL YEAR 2006-2007 Assessor's Tax No. Total amount to be collected for FY 2006-2007 170-060-07-00-9 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" ~ fQM~~ <:> % >.. - I- m - ,.. (,,) (:) ORIGINAL