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Home My WebLink AboutRES NO 059-08 RESOLUTION NO. 0 5 9 0 8 A RESOLUTION ADDING TERRITORY, AREA 3-78 (PANAMA, PROGRESS 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 5). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1596, adopted April 9, 2008, declared its intention to add territory, Area 3-78 (Panama, Progress 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 3-78 (Panama, Progress NE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 3-78 (Panama, Progress 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 3-78 (Panama, Progress 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: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory, Area 3-78 (Panama, Progress 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. 1 ~ ~p...k~-9 o % ;:.... - I- m - .- (.) c:;, ORIGINAL 3. Exhibits "A" and "B" describe the additional territory, Area 3-78 (Panama, Progress 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 ~p...k~1> ~ ~ ;:.... - t- ~ -0 D 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 APR 2 3 2008 , by the following vote: ~ ~ ABSTAIN: ABSENT: ./ ./ ~ ""/./ v' V COUNCILMEMBER CAR~ON, BENKAM, WEIR, COUCH, HJtf:JSON, SULLIVAN, SCRIVNER COUNCILMEMBER lA.lr\l..J2 COUNCILMEMBER ~ ()-;V) COUNCILMEMBER ~ II- S5"t:, CITY CLERK and Ex Officio I rk of the Council of the City of Bakersfield APPROVED: APR 2 3 2008 HARVEY L. H L 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" MD3-78Est05.doc 3 ~p...k~1> ~ ~ >- -- t- m _ r0- t,) D ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3-78 (PANAMA, PROGRESS NE) Fiscal Year 2007-2008 Addition of territory, Area 3-78 (Panama, Progress NE) to the Consolidated Maintenance District is generally described as an area bounded by Harris Road on the north, Gosford Road on the east, Panama Lane on the south and Progress Road on the west as specifically shown on Map and Assessment Diagram marked Exhibit liB," 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 3-78 (Panama, Progress NE) is being added to the Consolidated Maintenance District for the maintenance of a park and public street EXHIBIT "1" 1 ~ ~p...k~1> o % >- - I- m - r- t,) c:;, 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 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 2007-2008 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit liE," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory, Area 3-78 (Panama, Progress NE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: Y/' 1C;/2?0 ~ RAU M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~p...k~1> ~ ~ >- -- t- m _ r- o D ORIGINAL LEGAL DESCRIPTION Area 3-78 Being a portion of the Southeast quarter of Section 20, Township 30 South, Range 27 East, M.D.B.&M., more particularly described as follows: Beginning at the East quarter comer of said Section 20, said point being the centerline intersection of Harris Road and Gosford Road, said point also being the True Point of Beginning; 1) Thence along the East line of said Section 20 and centerline of Gosford Road, South 00039'02" West, a distance of 2025 .21 feet; 2) Thence departing said East line and centerline, North 89020'58" West, a distance of387.00 feet; 3) Thence North 00039'02" East, a distance of 122.99 feet; 4) Thence North 89020'58" West, a distance of 421.15 feet, to a point on a non-tangent curve, concave westerly, with a radius of700.00 feet and a radial bearing of South 88034'29" West; 5) Thence Southerly, along said curve, through a central angle of 02004'33", an arc distance of 25.36 feet; 6) Thence South 00039'02" West, a distance oflO.75 feet; 7) Thence North 89020'58" West, a distance of275.15 feet; 8) Thence North 00039'02" East, a distance of9.92 feet; 9) Thence North 89020'58" West, a distance of237.42 feet; 10) Thence South 00039'23" West, a distance of709.58 feet, more or less, to a point on the South line of said Section 20, said point also being on the centerline of Panama Lane; 11) Thence North 89014'42" West, a distance of 1320.37 feet, more or less, to the South quarter comer of said Section 20; 12) Thence along the North-South center section line of said Section 20, North 00039'44" East, a distance of 2640.16 feet, more or less, to the Center of said Section 20, said point also being on the centerline of Harris Road; 13) Thence along the East-West center section line of said Section 20 and centerline of Harris Road, South 89 015'00" East, a distance of 2640.20 feet, more or less, to the True Point of Beginning. Containing 139.17 acres, more or less. <<. ~p...k~1> o ~ >- -- t- m EXHIBIT "~,, G ORIGINAL } .;; ~ ~ ~i '" .:J oj ~~ I~ ~E ~;, Lao 8", .!.8 _N " ~~ "'- 'Zi;j "~ b MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 3-78, PANAMA, PROGRESS NE) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA .. ~ III SEE SHEET 1 OF 2 IRWIN lANE N .,; 1il .. g ~ ~ ~ N89'20'58'W 275.17' Ll N~~~.~;.8"W ~... ~~ z N89'20'58"W 387.00' N89'20'58"W 237,42' CNolAROA COORT .. ~~ 1Il. 5!R ~ ~ z N89' 4' 42'W 1320.J7' t PANAMA LANE S 1/4 COR. SEC, 20 CURVE C1 LINE L1 ~ ~ o NOT TO SCALE ~ ~p...k 1> o ~ EXHIBIT "e" ~ ~Lf, MD3-78 SHEET 9., 2 c:;, AL Ii i ~ ~ :>~ ",- . .., ..; ~~ i~ r;; :g :!:e ~~ ~ao 8... .!.8 _N '" ~~ /0 cij2 ..~ b MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 3-78, PANAMA, PROGRESS NE) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA CENTER SEC. 20 E 1/4 COR. SECTION 20, T30S, R27E, T.P.O.B. DISTRICT BOUNDARY 589'5'00"E 2640.20' t HARRIS ROAD '" ~ LlMU. \ME 12 ~ ~ .. lEl g ~ ! N ~ ~ 0 ~ ... NOT TO SCALE a:: to 8 c z a:: ~ VI JAR'<1S PlXE 0 (,:l -wi SEE SHEET 2 OF 2 FILED IN lliE llFFlCE OF lHE CllY cu:Rl( llilS _ DAY OF 2lL.. FILED FOR RECORD lHlS _ DAY OF 2lL.. AT _ ~.... IN BOOK _ OF ASSESSMENT DlS1RICTS AT PAGE _ IN lHE llFFlCE OF 1IlE COUNlY RECORDER OF lliE COUNlY OF KERN. STAlE OF CAUFORNIA. CllY CLERK OF lliE CllY OF BAKERSFIELD. CAUFORNIA JAlAES W FITCH COUNlY ASSESSOR-RECORDER BY AN ASSESSIIENT WAS LE'IIED BY lHE CllY COUNCIL ON lliE LOTS, PIECES AND PARCELS OF LAND SHOWN ON llilS ASSESSIotENT DIAGRAM. SAlO ASSESSIotENT WAS LE'IIED ON lliE _ DAY OF 20....: SAlO ASSESSIIENT DIAGRAM AND lHE ASSESSIotENT ROl.I. 'tIERE RECORDED IN lliE OFFICE OF lliE DEPARTMENT OF PUBUC WORKS OF SAID CllY ON lHE _ DAY OF 2lL.. REFERENCE IS MADE TO lHE ASSESSIIENT ROl.I. RECORDED IN lliE llFFlCE OF lliE DEPARTMENT OF PUBUC WORKS FOR lliE EXACT AMOUNT OF EACH ASSESSIIENT LE'IIED AGAINST EACH PARca OF LAND SHO., ON llilS ASSESSIIENT DIAGRAM. CHIEF DEPUlY RECORDER RECORDED IN lliE llFFlCE OF lliE DEPARTMENT OF PUBUC WORKS llilS _ DAY OF 20_ DIRECTOR OF PUBUC WORKS BAKERSFlELD. CAUFORNlA CllY CLERK OF 1IlE CllY OF BAKERSFIELD. CAUFORNIA ~p...k 1> <J ~ EXHIBIT "8" ~ (.) D FILE' MDJ-78 SHEET 1 AL 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 existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with 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. ~ ~p...k~1>Ol EXHIBIT "C" ;: ~ t- m Page 1 of 4 0 S ORIGINAL EQUIVALENT DWELLING UNIT CEDU) 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 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. ~ ~p...k~1> o % EXHIBIT "c" i= iii - .- Page 2 of 4 ORIGINA~ 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) 0.86/unit Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) 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 EXHIBIT "C" Page 3 of4 ~M~1> ~ ~ >- - t- m _ r- c..:> 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" (4-29) 19TH, Eve, W (4-52) Stockdale, Callowav (1-15) Coffee, Gosford (2-15) Stockdale, Buena Vista SW (2-22) S:\B30\211-00\docs\ExhC_08_Rev 1-31-08.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 ~M~1> ~ ~ >- -- t- m - .- C> c:;, ORIGINAL EXHIBIT "0" MAINTENANCE DISTRICT AREA 3-78 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 ~p...k~ EXHIBIT"~ -s>~ ~ ~ to) c:;, ORIGINAL EXHIBIT "E" MAINTENANCE DISTRICT AREA 3.78 ASSESSMENT ROLL FISCAL YEAR 2007-2008 Assessor's Tax No. Total amount to be collected for FY 2007-2008 497-010-87-00-8 497-010-88-00-1 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" ~M~1> J ~ ;:.... ...- t- l!! -0 c:;, ORIGINAL Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map No. 11810. All lots. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of ,200_, by Castle & Cooke Commercial- CA, Inc.. (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way within the district. The appropriate Street and Park Tiers will be assigned when landscape and park improvements have been installed. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of a public park and public landscaping based on full buildout of this district, is $146.70 per equivalent dwelling unit, based on fiscal year 2004-2005 dollars and labor costs of the district. 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. (See Bakersfield City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of ,200_. Owner( s )/Developer( s): Castle & Cooke Commercial - CA, Inc. City of Bakersfield: Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. ~"'K~-9 ~ % ::>- rii I- .- <:; C:1 ORIGINAL MD3-78]MI1810.da;