HomeMy WebLinkAboutRES NO 207-07
RESOLUTION NO.
207-07'
A RESOLUTION ADDING TERRITORY, AREA 3-73
(MCALLISTER RANCH #1), 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).
WHEREAS, the City Council of the City of Bakersfield, State of California,
heretofore by Resolution of Intention No. 1553, adopted September 12, 2007, declared
its intention to add territory, Area 3-73 (McAllister Ranch #1), 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 3-73 (McAllister Ranch #1), as shown and
designated on that certain map entitled "Map and Assessment Diagram for Addition of
Territory, Area 3-73 (McAllister Ranch #1), 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 3-73 (McAllister Ranch #1), 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 3-73 (McAllister Ranch #1), 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 3-73
(McAllister Ranch #1).
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.
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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
SEP 2 62007 , 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
CITY CLERK and Ex Offic Clerk of the
Council of the City of Bakersfield
SEP 2 6 2lJ07
APPROVED:
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~7'/0~
Attach ments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD3-73Esto5.doc
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City of Bakersfield
PUBLIC WORKS DIRECTOR1S REPORT
ADDITION OF TERRITORY, AREA 3-73 (MCALLISTER RANCH #1)
Fiscal Year 2007-2008
Addition of territory, Area 3-73 (McAllister Ranch #1) to the Consolidated
Maintenance District is generally described as an area bounded by a line approximately
500 feet south of Pacheco Road on the north, Comenius Road on the east, Panama
Lane on the south and Stetson Way 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 3-73 (McAllister Ranch #1) is being added to the
Consolidated Maintenance District for the maintenance of a park and public street
EXHIBIT "1"
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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 "D" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 3-73 (McAllister Ranch #1), subject to be assessed to pay the cost of maintenance
and operation in said area.
Dated: ~~/o?-
RA~AS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 3-73
Being a portion of Sections 21, 22 and 23, Township 30 South, Range 26 East, M.D.B.&M., more
particularly described as follows:
Lots 1,5,6,8,9, 15, 16,25, and 26 of Tract No. 6229, Phase 1, as recorded August 22, 2006 in Book 56
of Maps, Pages 1-18, in the office of the Kern County Recorder.
Containing 315.88 acres, more or less.
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ORIGINAL
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MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 3-73, Me ALLISTER RANCH 11) TO THE
CONSOUDA TED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
TRACT 6559
(TRACT 6229, PHASE 1
LOTS 8 and 9)
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NOT TO SCAlE
TRACT 6560
(TRACT 6229, PHASE 1
LOT 15)
DISTRICT BOUNDARY
TRACT 6558
(TRACT 6229, PHASE 1
LOTS 5 and 6)
TRACT 5900
(TRACT 6229, PHASE 1
LOT 1)
PANAMA lANE:
FIlED IN lHE Cfl'1CE aF lHE aTY cu:Rl( lHS _ DAY
aF 2L.
FLED FllR RECCRO 1HlS _ DAY aF
2L. AT _ ~M~ IN lOCK _ aF ASSESSIlENT
DlSTIllC'lS AT PAGE _ IN lHE Cfl'1CE aF 1HE CCUNlY
RECORDER f1F 1HE COUN1Y aF KERN, STAlE aF CAUfCRNlA.
aTY cu:Rl( aF 1HE aTY aF
BAKER5I'lELD. CAI.ll'CRNlA
JAMES W F1~
CCUNTY ASSESSQR-RECCRlER
AN ASSESSMENT WAS l.E'YIED BY 1HE aTY CCUNaL ON lHE LOTS,
PIECES AND PARCELS aF LAND SHO\WI ON lHlS ASSESSMENT DIAGRAM.
SAID ASSESSMENT WAS l.E'YIED ON lHE _ DAY aF
2IL.; SAID ASSESSMENT DIAGRAM AND
lHE ASSESSMENT ROU. ERE RECORDED IN lHE DFF1CE aF 1HE
IlEPARTIlENT aF PUBUC MlRKS aF SAID aTY ON lHE _ DAY
aF 2L. REFERENCE IS MADE TO 1HE
ASSESSIlENT ROU. RECORDED IN 1HE Cfl'1CE aF lHE DEPAR1IlENT aF
PUBUC MlRKS FllR lHE EXACT AMOUNT aF EACH ASSESSMENT l.E'YIED
ACAIHST EACH PARCEl. aF LAND SHOWN ON lHlS ASSESSMENT DIAGRAIl.
BY
OIIEF DEPUTY RECORDER
RECORDED IN 1HE OFFICE aF lHE IlEPAR1IlENT aF PUaJC WCRKS
lHS_D~flF 2L.
DlRECTDR aF PU8lJC 11!9I\R/
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EXHIBI'P 'B'
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aTY cu:Rl( aF lHE aTY aF
BAKERSFlELD, CAUf'ORNIA
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NOT TO SCALE
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRfTORY
(AREA 3-73, Me ALLISTER RANCH 11) TO THE
CONSOUDA TED MAINTENANCE DISTRICT
BAKERSFIELD, CAUFORNIA
TRACT 6563
(TRACT 6229, PHASE 1
LOT 16)
TRACT 6561
(TRACT 6229, PHASE 1
LOTS 25 AND 26)
PANoWl lANE
TRACT 5900
(TRACT 6229, PHASE 1
LOT 1)
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EXHI8IlO~~NA~
fiLE: MDJ-7J lIHEEl 2 .f 2
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
t:!2!!:. 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/AllK
Urban Consumers Consumer Price Index. Ci- <0 ~1>o>
EXHIBIT "C" i= ~
Page 1 of 4 <3 G
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" t; j:6
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Page 2 of 4 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)
Brimhall & VerduQo (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. 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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Page 3 of 4~RIGINA~
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 of8RIGINAE
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 3-73
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
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EXHIBIT QEJ~INAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 3-73
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Assessor's Tax No.
Total amount to
be collected for
FY 2007-2008
537-030-05-00-7
537-030-06-00-0
537-030-09-00-9
537-030-15-00-6
537 -030-16-00-9
537-030-25-00-5
537-030-26-00-8
537-030-28-00-4
537-030-31-00-2
537-030-32-00-5
537-030-34-00-1
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$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 IIEII