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Home My WebLink AboutRES NO 234-07 . RESOLUTION NO. 2 3 4 - 0 7 A RESOLUTION ADDING TERRITORY, AREA 5-40 (S. UNION, E. PANAMA NE), 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. 1565, adopted October 10, 2007, declared its intention to add territory, Area 5-40 (S. Union, E. Panama NE), 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 5-40 (5. Union, E. Panama NE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 5-40 (5. Union, E. Panama NE), 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 5-40 (5. Union, E. Panama NE), 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 5-40 (S. Union, E. Panama NE), 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. ~ ... ,-' ',.J'" 1 3. Exhibits "A" and "B" describe the additional territory, Area 5-40 (5. Union, E. Panama NE). 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 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 OCT 24 2007 , by the following vote: @is? NOES: ABSTAIN: ABSENT: v v v./ V"""./ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, rtI"'JE)O~" SULLIVAN, SCRIVNER COUNCILMEMBER vt~ COUNCILMEMBER ~ COUNCILMEMBER 1-\;0v'V\. 91:iYL ~Lt CITY CLERK and Ex Officio rk of the Council of the City of Bakersfield APPROVED: OCT 2 4 2007 HARV Y . H LL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney BY:~/n. ~ Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD5-40Est05.doc 3 City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-40 (S. UNION, E. PANAMA NE) Fiscal Year 2007-2008 Addition of territory, Area 5-40 (S. Union, E. Panama NE) to the Consolidated Maintenance District is generally described as an area bounded by a line approximately 1,300 feet north of E. Panama Lane on the north, the Kern Island Central Canal on the east, E. Panama Lane on the south and a line approximately 630 feet east of S. Union Avenue on the west as specifically shown on Map and Assessment Diagram marked Exhibit "B, II 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 stru<;;tures 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 5-40 (S. Union, E. Panama NE) is being added to EXHIBIT "1" 1 ,.. ": .. /-- (- '-" ~.-- I 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 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 5-40 (5. Union, E. Panama NE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: /6/1'6/62- " ' . ~ RAUL M. ROJAS Director of Public Works City of Bakersfield --. EXHIBIT "1" -f'" ~ "'. /. 2 LEGAL DESCRIPTION Area 5-40 Being a portion of the South half of Section 20, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the Southwest comer of said Section 20, said point being the centerline intersection of South Union Avenue and East Panama Lane; thence along the South line of said Section 20 and centerline of East Panama Lane, South 89031 '28" East, a distance of 628.43 feet to the True Point of Beginning; 1) Thence departing said South line and centerline, North 00036'25" East, a distance of 1321.49 feet; 2) Thence South 89030'55" East, a distance of 1346.25 feet; 3) Thence South 00025'13" West, a distance of264.00 feet; 4) Thence South 89030'55" East, a distance of660.00 feet; 5) Thence North 00025'13" East, a distance of264.00 feet; 6) Thence South 89030'55" East, a distance of975.08 feet, more or less, to a point on the Westerly right-of-way ofthe Kern Island Central Canal; 7) Thence along said Westerly right-of-way, South 04050'38" East, a distance of 470.73 feet; 8) Thence continuing along said Westerly right-of-way, South 03041 '25" West, a distance of853.65 feet, more or less, to a point on the South line of said Section 20, said point also being on the centerline of East Panama Lane; 9) Thence along said South line and centerline, North 89031 '28" West, a distance of2980.13 feet, more or less, to the True Point of Beginning. Containing 87.10 acres, more or less. / C EXHIBIT "A" c a ! i ,;: ~<ii i i 9" .,,1:; !i~ ~ 'Ifi i~ 8... .1.8 ~'" 6.... lil: ;;i~ ..~ b MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY (AREA 5-40, S. UNION, E. PANAMA NE) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA <D SOO'25'13"W @ N89'30'5S.W o S00'25'13"W 264.00' 660.00' 264.00' N89'30'SS"W 1346.25' b~*~ I-- ( ( =~Y~<D J ( J_ @ r-- '-- '-- L.J r-- :>1 bI- z' . ~I .- .... ~- ~L " tsi r- z' L.J~E :>1 ~- ~i ~- :>, 1'>- ~I 8- i Z = ,-~I,.L _ I V...... oo.Y.t r i 1/11 , ._UE f.- f--- ~ ( ) 1 J l ~ ~ J f-- f-- r-- ~ ,---, - ~= ~ _I ,--Ill \' ._UE N I-- ._UE II ] , ~ N o NOT TO SCAlE CD S89'30'55"E 975 08' --r f\ I '__ - \.,/ - I ~I L.J - l J B( t-- 'coj.) - -!"l..... t--- ._UE r-- ~ g ~e Irlllla=~. - ~ III II j~~ !--- .~NUE r-- ~nn~~ ~ tEHfEffi ~ i V \.. ._UE "'-- 8 ./ 11/11 " II r ~ ~ -T.P.O.B. N89'31'28"W 2980.13' t EAST PANAMA LANE LDISTRICT BOUNDARY N89'31'28"W 628.43' SW COR. SEC. 20 30/28 P.O.B. n.m IN 11iE Clff'ICE OF ~E OTY lURK ~IS _ DAY OF 2D~ FILED FOR RECORD lHIS _ DAY OF 20..... AT _ ~II.. IN BOOK _ OF ASSESSIIENT IllS1lllCTS AT PAGE _IN 'IHE Clff'ICE OF ~E COUNTY RECQROER OF THE COUNTY OF ICERN. STATE OF CAI.JFORNtA. OTY Q.ERI( OF ~E OTY OF BAKERSFIELD. CAUFORNIA AN ASSESSIIENT WAS LE\1m BY ~E OTY COUNCL ON THE LOTS, PIECES AND PARCELS OF LAND SHDIWl ON lHIS ASSESSMENT D1ADRA11. SAID ASSESSIIENT WAS LE\1m ON ~E _ DAY OF 2D....J SAID ASSESSMENT IllADRAII AND lHE ASSESSlotENT ROLL \lERE RECORDED IN THE llFFICE OF THE DEPARlIlENT OF PUBUC WDRICS OF SAID OTY ON lHE _ DAY OF 2lL. REFERENCE IS IIADE 10 1HE ASSESSIIENT RCll.I. RECORDED IN 11iE llFFICE OF THE DEPAR1IIENT OF PUBUC WDRICS FOR 1HE EXACT AllDUNT OF EACH ASSESSIIENT LE\1m AGAINST EACH PARCEl. OFI.AND SHOWN ON lHlS ASSESSIIENT DlAORAII. JAUES W FITCH COUNTY ASSESSClR-RECCRDER BY CHIEF DEPUTY RECORDER RECORDED IN lHE llFFICE OF ~E DEPAR1IlENT OF PUBUC WDRl<S lHlS _ DAY OF 20..... OTY a.ERK OF lHE OlY OF BAKERSFIELD, CAUFORNlA DlREClOR OF PUBUC WDRICS BAKERSFIELD, CAUFORNIA ~. ,'" r. ',/ EXHIBIT WS. . ) FlLE: IlD5- 40 SHEET;l.q ~ 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. EXHIBIT "C" Page 1 of 4 c 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: yg 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. EXHIBIT "C" Page 2 of 4 , '- ' 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 Villaoe (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 & Verduoo (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. Villaoe 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" ,/ .- Page 3 of 4, . ~ 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" (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 EXHIBIT "0" MAINTENANCE DISTRICT AREA 5-40 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 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 EXHIBIT "0'" EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-40 ASSESSMENT ROLL FISCAL YEAR 2007-2008 Assessor's Tax No. Total amount to be collected for FY 2007-2008 414-190-22-00-7 414-190-24-00-3 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" ,,,- ,..,