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Home My WebLink AboutRES NO 170-07 RESOLUTION NO. A RESOLUTION ADDING TERRITORY, AREA 3-72 (GOSFORD, MCKEE 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 5). 170~07 WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1549, adopted August 15, 2007, declared its intention to add territory, Area 3-72 (Gosford, McKee 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 3-72 (Gosford, McKee SW), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 3-72 (Gosford, McKee SW), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2007-2008 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 3-72 (Gosford, McKee 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 3-72 (Gosford, McKee 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 ~ ~~Kc~~ :... - ~ m _ r- c..:> 0 ORIGINAL 3. Exhibits "A" and "B" describe the additional territory, Area 3-72 (Gosford, McKee SW). 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 2007-2008 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 ~P.Kc_9 J. % >- - f- m _ r- c..:> 0 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 AUG 2 9 2007 , by the following vote: ~ NOES: ABSTAIN: ~ ~ ~ ~ L.---- ~ L--- COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER r COUNCILMEMBER ~, , ~~ CITY CLERK and Ex Officio erk of the Council of the City of Bakersfie d APPROVED: AUG 2 9 2007 APPROVED as to form: VIRGINIA GENNARO City Attorney By: (dvut 111. ~ Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD3-72Est05.doc 3 ~ ~"'Kc1> o % >- - f- m - ,... c..:> <:::> ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3-72 (GOSFORD, MCKEE SW) Fiscal Year 2007-2008 Addition of territory, Area 3-72 (Gosford, McKee SW) to the Consolidated Maintenance District is generally described as an area bounded by McKee Road on the north, Gosford Road on the east, a line approximately 1,320 feet south of McKee Road on the south and the Sunset Railroad 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 w~ich 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 3-72 (Gosford, McKee SW) is being added to the Consolidated Maintenance District for the maintenance of a park and public street EXHIBIT "1" ~ <:Q"'K~1> o % :... - ~ m - ,... c..:> 0 ORIGINAL 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 2007-2008 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 3-72 (Gosford, McKee SW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: B ~/o~ ~ RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~ ~t>.K~1> o % >- - f- m - ,... c..:> <:::> ORIGINAL LEGAL DESCRIPTION Area 3-72 Being the North half of the Southeast quarter of Section 32, Township 30 South, Range 27 East, M.D.B.&M., more particularly described as follows: Beginning at the East quarter comer of said Section 32, said point being the centerline intersection of McKee Road and Gosford Road, said point being the True Point of Beginning; 1) Thence along the East line of said Section 32 and centerline of Gosford Road, South 00021 '01" West, a distance of 1321.23 feet; 2) Thence departing said East line and centerline, North 89014'06" West, a distance of2672.08 feet, more or less, to a point on the East right-of-way of the Sunset Railroad, said point being on the North-South center section line of said Section 32; 3) Thence along said East right-of-way line and center section line, North 00024'08" East, a distance of 1321.23 feet, more or less, to the center of said Section 32, said point also being on the centerline of McKee Road; 4) Thence along the East-West center section line of said Section 32 and centerline of McKee Road, South 89014'06" East, a distance of2670.88 feet, more or less, to the True Point of Beginning. Containing 81.03 acres, more or less. << ~AK~1>. .? <; >- m ,... <.) (:) EXBIBI'O~INAL . 1 Iii ~ .. i r .. ,.. ,.!,~ Ii'"' ~~ 'j ....e g~ ~: -8 ~~ iii::j ..~ ~! MAP AND ASSESSMENT DIAGRAM FOR ADDIT10N OF TERRrrORY (AREA 3-72, GOSFORD, Me KEE aw) TO 11-fE CONSOUDA TED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA I ~ SEcnlll 32, / T3OS, R27E rt MCKEE ROAD 2670.88' 11 N 89'4'06. W '1I~ II 1 "' ,I I 'II D.J J 111_ 4 I : ,.. ,. '17 ,. ,. n. .71 111 m 174 'II '" 111 111 I iiI , ,.. '13 III 11\ III ,. :'17 'II III 114 'II '" '1,15/, 41 42 13 .. .. II ~ 140 '4' '42 IU '44 III '41 '17 '41 '" ,. "" SO II II 47".'.'111.'.""'1l1J1'Jl '7 (:) II 'I '\ ~ I " 1;lJI'J'4 Ir;;'\' .. ~ 8, I 11 i I II) i l . LUHASC'\p( ,~ 111 'II r;-\ III ,. a 1M >- iI '" III ,. ~ III ll: ,.. ~ ,.. ,. DRI'IE "- ~ II II IJ II II .. 11 .. ~ >> . :14 II II J' II . ! r-- \..-- LAQJNA . . 40 I " II I 11 .. 'ID ,. K': ~ I---::...... II 14 ---. . ,. '!l III I-- \I I., lGO · .. r-:. ~ T' .. j;I: 1,,--... '''- 17 II 14 II 1SCIN1IlJ.A STREET II . . 11 II m M ~ n4 III III 111 11111. 'III '21 lZl 123 II' I. e iI! ~ IIJ III III III I. ,. 117 I. 1. 104 ll1J ,. II r" '-- 7111..17.. WARQi ir:~ DRI'IE ..... ..1~1~1'7 2672.08 n . .. II II n II II II 1\ 1I .."....,121314 N 89'4'06. W FLED IN 1HE ornCE OF 1HE alY CURK lHlS _ DAY OF 2lL.. alY lURK OF lHE aTY OF BAKERSflEI.D. CAURlRNIA AN ASSESSMENT WAS LE\IIEIl BY lHE ClY COUNCL ON 1HE LOTS, PECES AND PARCELS OF LAND SHOWN ON lHIS ASSESSlIENT DIAGRAM. SAID ASSESSMENT WAS LE\IIED ON lHE _ DAY OF 2Q.....; SAID ASSESSIotENT DIAGRAM AND lHE ASSESSNENT ROLL WERE RECORDED IN 1HE ornCE OF 1HE llEPAImIENT OF PUaJC WORKS OF SAIl aTY ON lHE _ DAY OF 2IL.. REFERENCE IS IIA1lE TO lHE o\SSESSIIENT ROU. RECORDED IN 1HE ornCE OF 1HE DEPAImIENT OF PUaJC WORKS F'llR 1HE EXACT AMOUNT OF EACH ASSESSMENT I.E\IIED AGAINST EACH PARCEl.. OF LAND SHOWN ON lHlS ASSESSUENT DIAGRAM. ClY lURK OF lHE aTY OF BAKERSflEI.D, CAUF'llRNA ~ N o NOT TO SCALE E 1/4 cat SEe. 32 T3OS, R27E, T.P.O.s. rrASTRJCT lIOONlARY :14 ~~II7I1" L-~~ 11) ....u n "171 IITn 74 1I~ J J:l JI J' ID . . WSH caJRT . 1I 1\ II II II WIRA PlACE 40 1I II . . II 1\ II .. .. .. .. i " I' I~ l.CIlE COORT ~Il r--./ ::l - --;- ~ I 101 ,. 1M- lID 102 111 lGO .. .. 17 ~ - .. 1--"- -.- WJ 117 I. 111I III 111 112 113 11. '" 111 . li- P I-- .. 47 _ EVANESaNCE STREET ~ I I-- lIiI ~-'-I ~ z II~ I. '15 124 12.1 122 121 lID III "' III J -;- II 11 II 127 1. III 1JQ IJI 131 1.11 1:14 ,. ,. Q] - COC1EAU lWNS COURT ~~ 141 141 144 14J IG 1.' 140 .. fl . DRI'IE FILED F'llR RECORD lHS _ DAY OF 2lL.. AT _ _II~ IN BOOK _ OF ASSESSMENT DI$lRICTS AT PAGE _ IN 1HE ornCE OF 1HE CClUNTY RECORDER OF 1HE COUNlY OF KERN. STA 1E OF CAl.FaINIA. JAlIrS W FlT04 COUNTY ASSDSOR-RECOIIDEII BY QlIEF DEPIIlY RECCRIlER RECORDED IN 1HE omcE OF 1HE DEPAR'lWENT OF P\JBUC WORKS 1HIS _ DAY OF 2lL.. DIRECTOR OF PUIIJC WORKS BAICERSflEUl, CAUFIlRNIA ~ <:Qt>.K~?>. EXHiBIt .B.~ - r- F1~ NOM2 IHEET. 0/ 1:::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/~t>.K~ Urban Consumers Consumer Price Index. J ~<P '"{l EXHIBIT "C";: iii - ...... Page 1 of 4 ORIGINAr EQUIVALENT DWELLING UNIT lEDU) 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. ~t>.K~ EXHIBIT "m- ?>Ql "'l'\ Page 2 cf4 fi! (.) C"J 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 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 ~ ~Ak~1> o <P EXHIBIT "C"~ ~ _ m Page 3 of 40R/G/NAf 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 Em! 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. ~ ~P.K~1> EXHIBIT "C" :;,...0 ~ f- m Page 4 of 4 (3 r; ORIGINAL, EXHIBIT "0" MAINTENANCE DISTRICT AREA 3-72 Said assessment is made in accordance with the benefit formula attached hereto. 2007-2008 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 S< ~"'k~1> o % >- - EXHIBI13 "0" S ORIGINAL EXHIBIT "E" MAINTENANCE DISTRICT AREA 3-72 ASSESSMENT ROLL FISCAL YEAR 2007-2008 Assessor's Tax No. Total amount to be collected for FY 2007-2008 543-01 0-08-01-4 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield ~t>.K~-9 J. % >- - EXHIBIT "E't: ~ o 0 ORIGINAL