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HomeMy WebLinkAboutRES NO 91-92RESOLUTION NO. 91-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, ORDERING CHANGE AND MODIFICATION TO ENGINEER'S REPORT FOR ASSESSMENT DISTRICT NO. 86-2 (ASSESSMENT AND DIAGRAM AMENDMENT NO. 23) RESOLVED, BY THE CITY COUNCIL (the "Council") OF THE CITY OF BAKERSFIELD (the "City"), as follows: WHEREAS, the Council did on June 4, 1986, adopt its Resolution of Intention No. 1004 (the "Resolution") with regard to the construction and/or acquisition of improvements (the "Improvements") for City of Bakersfield Assessment District No. 86- 2 (the "District"); and WHEREAS, an assessment roll (the "Assessment") and engineer's report (the "Report") for the District were duly made and filed with the City and, after hearing before the Council, duly noticed and held, the Assessment and the Report were confirmed and approved by Resolution No. 96-86, passed and adopted on July 9, 1986; and WHEREAS, the lands identified as Assessments No. 87 and 88 of the Assessment (the "Designated Parcels") have been subdivided by the recording of Tract No. 5144 -- Phase 1, Tract No. 5144 -- Phase 2, and Parcel Map Waiver No. 11-90, thereby creating new lots or parcels as subdivisions of the Designated Parcels (collectively, the "New Parcels"); and WHEREAS, the property owners of the Designated Parcels have requested changes and modifications to the Report and the Assessment which will increase or decrease the existing assessment amounts against the Designated Parcels, without increasing or decreasing the Assessment as a whole, and have further requested that such increased and decreased assessment amounts be reapportioned to the New Parcels; and WHEREAS, the Engineer of Work for the District has prepared and submitted to this Council changes and modifications to the Report and the Assessment as requested by the owners of the Designated Parcels, and such changes and modifications are attached hereto as Exhibit "A" and are fully incorporated herein by reference; and OR;G~NAL WHEREAS, the respective owners of each New Parcel affected by the proposed changes and modifications have consented in writing to the reapportionment of the Assessment and any increase in his or her individual assessment amount resulting therefrom and have waived in writing the right to a public hearing on the proposed change and modification to the Assessment and the Report. NOW, THEREFORE, BE IT FOUND, DETERMINED AND ORDERED AS FOLLOWS: 1. The foregoing determinations are hereby incorporated herein and made a part of this resolution and shall be deemed final and conclusive. 2. The Report is hereby changed and modified as provided in Exhibit "A" hereto, and the existing assessment amounts of the Designated Parcels are hereby increased or decreased as indicated in Exhibit "A", and the Assessment, as herein changed and modified, is hereby reapportioned among the New Parcels as set forth in Exhibit "A". III III III 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 the 24th day of June 1992, by the following vote: AYES: NOES: COUNCILMEMBERS: M~Dern~tt, Edwards, De/W~nd, Smith, Brunni, Peterson, Salvaggio COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: i~ne ABSTENTIONS: COUNCILMEMBERS: None City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPRCVE~ ~__4~h day of June% 1992 . APPROVED AS TO FORM: JACKSON HARGROVE EMERICH PEDREIRA & NAHIGIAN, B O~D COUN~ By: Don O. Neufeld / - COUNTERSIGNED: TTORNEY of the 'Ci~of Bakersfield 700315DA. RiA EXHIBIT A ENGINEER'$ REPORT ON CHANGE AND MODIFICATION PROCEEDINGS FOR ASSESSMENT AND DIAGRAM AMENDMENT NO. 23 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-2 700388DA.E01 A - ! OR;G:~,~AL 2943RPT June 11, 1992 ENGZNEER'S REPORT ON CHANGE AND MODIFICATION PROCEEDINGS FOR ASSESSMENT AND DIAGRAM AMENDMENT NO. 23 CITY OF BAKERSFIELD ASSESEMENT DISTRICT NO. 86-2 TO RESPREAD, SEGREGATE AND APPORTION THE EXISTING AMOUNTS FOR OLD ASSESSMENTS 87 AND 88 TO NEW ASSESSMENT 1255 THROUGH 1348 CREATED PURSUANT TO RECORDATION OF T~ACT 5144 PHASE 1, T~ACT S144 PNAEE 2, AND PARCEL MAP WAIVER NO. 11-90 An application has been filed with the Superintendent of Streets of the City of Bakersfield by Fruitvale Properties/val vista Estates, Inc. requesting the city to respread, segregate, and apportion the existing unpaid assessment amounts on the referenced old assessments within Assessment District No. 86-2 (AD 86-2) by a Change and Modification pursuant to Streets and Highways Code Section 10350, et seq. All of the affected property owners have waived statutory rights to separate notice and hearing before the City Council on any increases or decreases in the existing assessment amounts that may result from the requested assess- ment respread, segregation and apportionment. The purpose of the requested assessment respread is to adjust the share of the Assessment 88 unpaid principal balance apportioned to Parcel B in Parcel Map waiver NO. 11-90 (Amended Assessment 1255) to bring the Par- cel B apportioned assessment share into conformance with the estimated benefits the parcel will receive from the improvements financed by AD 86-2, based on the Parcel B amended zoning and proposed use. The ad- justment to the Parcel B apportioned assessment share is proposed to be accomplished by reapportioning 75% of the share of the Assessment 88 principal that would have been apportioned to Parcel B had it been de- veloped into R-1 lots as part of Tentative Tract 5144. That 75% assess- ment share will be shifted from Parcel B and then reapportioned to the 172 R-1 lots in Tract 5144 Phase 1 (TR 5144 PE 1), Tract 5144 Phase 2 (TR 5144 PH 2), and Tentative Tract 5144 Phase 3 (Ten. TR 5144 PH 3). The proposed assessment respread will not increase the total amount of the unpaid principal for existing Assessments 87 and 88. In accordance with the referenced application, the undersigned has re- spread, segregated, and apportioned the total amount remaining unpaid on existing Assessments 87 and 88 in AD 86-2, to the new lots, parcels and remainder parcels created by TR 5144 PH 1, TR 5144 PH 2, and Ten. TR 5144 PH 3, Parcel Map Waiver No. 11-90 (PMW 11-90) and the undivided remainder of existing Assessment 87 (amended Assessment 1347) created by recording TR 5144 PHi and TR 5144 PH 2 as subdivisions of portions of existing Assessment 87. The existing Assessments 87 and 88 remaining amounts have been respread, segregated, and apportioned in proportion to the estimated benefits the referenced new lots, parcels, and remainders will receive from the AD 86-2 improvements based on approved land uses, zoning and proposed uses. The property owners have reviewed and ap- proved the modified assessment spread method used to respread, segre- gate, and apportion the unpaid amounts for existing Assessments 87 and 88 to their respective properties. The Assessment Numbers assigned to each referenced new lot, parcel, and remainder are the Assessment Num- bers shown on the Amended Assessment Diagram and Amended Assessment Roll for AD 86-2 Assessment and Diagram Amendment No. 23. Those parcel OR;G;NAL amended Assessment Numbers are shown on Exhibit A, Amended Assessment Roll, attached hereto and incorporated herein by reference. A descrip- tion of the procedure used to respread, segregate, and apportion exist- ing Assessments 87 and 88 is shown on Exhibit C, attached hereto and incorporated herein by reference. A reduced, not to scale copy of the Amended Assessment Diagram for Assessment and Diagram NO. 23 showing how existing Assessments 87 and 88 have been subdivided and also showing the new lot and parcel configurations, their amended Assessment Numbers, and their lines and dimensions by reference to Maps of the Kern County Assessor, is also attached to this Engineer's Report. A full-size copy of said Amended Diagram is on file in the Office of the city Clerk and is incorporated herein by reference. The old assessment numbers, amended assessment numbers, and amended assessment amounts (based in each case on the unpaid principal amount of assessment effective March 1, 1992, for the 1992/93 Tax Year) are as shown on Exhibit A Amended Assessment Roll attached hereto and incorpo- rated herein by reference. A description of the referenced existing Assessments 87 and 88 is included in Exhibit B, attached hereto. A listing of the share of the original total assessment amount, by AD 86-2 Bond Series A through D, as that original assessment has been respread, segregated, and apportioned to amended Assessments 1255 through 1348 is shown on Exhibit D, Listing of original Assessment Amounts, attached hereto and incorporated herein by reference. city Council adoption of the Resolution ordering Change and Modification to Engineer's Report for Assessment District No. 86-2 (Assessment and Diagram Amendment No. 23) will approve the assessment respread method described in the attached Exhibit c, will approve the Amended Assessment Diagram for AD 86-2 Assessment and Diagram Amendment NO. 23, and will confirm the share of the remaining principal for existing Assessments 87 and 88 that is segregated and apportioned to the new lots, parcels, and remainder (Amended Assessments 1255 through 1348) in the amounts shown on the attached Exhibit A, Amended Assessment Roll. Based on the data presented herein with regard to the proposed amended parcel assessments, parcel appraised values, and amended assessment value to lien ratios presented in the attached Exhibit c, it is the finding of this Engineer's Report that approval of the Amended Parcel Assessments shown on said Exhibit A will not adversely affect the secu- rity for the AD 86-2 series A, B, C, and D Bonds. DATED: June 10, 1992 WILSON & ASSOCIATES Assessment Apportionment Engineer Assessment District No. 86-2 , R.C.E. 23269 Expires 12-31-93 2 OR;GINAL KNGXNBER'S RSPOR~ RE: ON CHAHGE AND MODXFXCATXON PROCEED'triGS FOR ASSBSSHEH~ AND DXAGBAM AAiEIq~0~H'X' NO, 23 CXTY OF BAKBRSFXXET-F) ASSBS~34EIIT DXSTRXC~X' NO, 86-2 AMBJ~)XNG OLD ASSESSMENTS 87 AND 88 · O CHEATS NEW ASSSSmmU~S X2SS THROUGH 1348 PURSUAIi~ TO RECORDATXOH Of PARCEL MAP WAXVKR 11-90 EXHIBITS A - AMENDED ASSESSMENT ROLL B - DESCRIPTION OF OLD ASSESSMENTS C - DESCRIPTION OF THE PROCEDUME USED TO RESPMEAD AND AMEND THE EXISTING ASSESSMENT AMOUNTS D - LISTING OF ORIGINAL ASSESSMENT AMOUNTS FOR AMENDED ASSESSMENTS 1255 THROUGH 1348 REDUCED, NOT TO SCALE COPY OF THE AMENDED ASSESSMENT DIAGRAM OR;G;NAL EXHIBFT A AMENDED ASSESSMENT ROLL CiTY Of= BA~R,SF:IELD AS~EBSMENT DISTRICT NO, (BUENA VISTA TRUNK SEWER/RANCHO LA~ORDE ~rAG~ 2943VROL A- 1 ~ ~,' '~(~ 05-Jun -92 ~.. ~ OR~G;~AL EXHIBIT A AMENDED ASSEESMENTROLL C~Y OF BAKER~FIELDASSES~MENTD~TRICTNO. 8~-.2 {BUENA VlSTATRUNKSEWER//:~ANCHOLABOROESTAGE"~A) AMENDING OLD ASSESSMENTS 87 ~ 88 AND ADDIN (3 NEW ASSESSMENTS 125~ THROUGH 1348 CREATED BY RECORDATION OF TRACT 5144 PHASE 1, TRACT 5144 PHA~ 2 .aND PARCEL MAP WAIVER NO. 1 ~ (AMENDMENTS APP ROVED AS A CHAN(3E AND MODIFICATIOi~ AS~SSMENT AND DIAGRAM AMENDMENT NO. 23 SERIES A SERIES S SERIES C SERIES D SUBTOTAL TOTAL (SEWER) (STAGE ~ (STAGE l-A) (STAGE ~ (STAGE ~ AMENDED PROPERTY OWNER AMOUNT AMOUNT AMOUNT AM D~IN T AMOUNT ASSESSMENT Fruitvale Pr )e~es Frutl~ale Pm )e~ie s Fruh'v~e Pm 3e~-tie s FruEval® Pm ~"tle s J~e M. Dob~tz Fruttvale Pro~3e~es 2943VROL A-2 0RiG~,~AL 05-Jun-92 AMENDED ASMNT. NUMBERS EXHIBff A SUBTOTAL AMOUNT APPOR. TR 5144 PH SUBTOTAL AMOUNT APPOR. TR 5144 PH 2 2943VROL A-3 OR;G~NAL 05-Jun-92 2943EXB June 5, 1992 EXHIBIT "B" DESCRIPTION OF EXISTING ASSESSMENTS AND MEW PARCELS TO WHICH THE EXISTING ASSESSMENTS ARE TO BE APPORTIONED BY ASSESSMENT AND DIAGRAM AMENDMENT NO. 23 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-2 (BUENA VISTA TRUNK SEWER/~ANCHO LABORDE STAGE l-A) AMENDING OLD ASSESSMENTS 87 and 88 AND ADDING NEW ASSESSMENTS 1255 THROUGH 1348 CREATED BY RECORDATION OF TRACT 5144 PHASE 1, TRACT 5144 PHASE 2 AND PARCEL MAP WAIVER 11-90 (AMENDMENTS APPROVED AS A CHANGE AND MODIFICATION) OLD PARCEL 1992/93 ASSESSMENT ASSESSMENT A.P.N. FOR PRINCIPAL TO BE HOW OLD PARCEL HAS NUMBER OLD ASSESSMENT APPORTIONED BEEN SUBDIVIDED 87 88 366-420-02-00-5 $ 387,397.07 366-420-06-00-1 403,424.39 NUMBER OF NEW LOTS/PARCELS 1. old Asmts. 87 and 88 have been subdivided as follows= into 67 R-1 lots by Tr 5144 Pb 1, 24 H-1 lots by Tr 5144 Ph 2, 2 Parcels by PMW 11-90 & i remainder parcel for old Asmnt 87. The Asmnt 87 rem. & Par A, PWM 11-90 (New Asmnts 1347 & 1348) are apprvd. for further subdv. into 81 R-1 lots & 1-Sump by Tr 5144 Ph 3. Par. B PMW 11-90 is apprvd. for der. as a parking lot. old Asmnts 87 & 88 are deleted from the Assessment Roll. A. Remainder Parcels a. 1 Parcel (New 1347) 1 B. New Tract Lots= a. Tract 5144 Phase i 67 b. Tract 5144 Phase 2 24 C. New Parcel MaD Parcels a. PMW 11-90, Par A & B 2 (Asmnts 1348 & 1255) Total Amt to Be $ Apportioned To New Assessments 790,821.46 Total New Assessed Lots/Parcels Total City Lots (not assessed) Total New Asmnts. Total Old Asmt. Deleted from Roll Net change Active Asmnts. on Roll 94 0 94 -2 92 Unpaid assessment balance apportioned is the balance at the beginning of the Tax Year, effective March 1, 1992, for the Series A, B, C & D Bonds. "City Lots" identifies the number of new parcels that are or will be owned by the city of Bakersfield and not apportioned a share of the assessment. See Exhibit A Amended Assessment Roll and Exhibit D Engineer's Report for a breakdown by bond series of the original total assessment amounts. -1- OR;G:NAL 2943EXC June 9, 1992 EXRXBIT "C" ENGINEER'S REPORT ON CHANGE AND MODIFICATION PROCEEDINGS FOR ASSESSMENT AND DIAGRAM A)~JDMENT NO, 23 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-2 DESCRIPTION OF TEE PROCEDURE USED TO RESPREAD~ SEGREGATE AND APPORTION TEE EXISTING ASSESSMENT AMOUMTS FOR OLD ASSESSMEMTS 87 AND 88 TO NEW ASSESSMENTS 1255 THROUGH 1348 1. DESCRIPTION OF OLD ASSESSMENTS 87 & 88 AND OF HOW TEEY HAVE BEEN SUBDIVIDEDs Old Assessments 87 and 88 (APN's 366-420-02-00-5 and 366-420-03-00-8) were created by Assessment and Diagram Amendment No. 2 to apportion assessment liens for Assessment District No. 86-2 (AD 86-2) to Lots 9 and 10 in Tract 4873-A. A portion of Assessment 88 and all of Assessment 87 have been approved for subdivision into 172 single family residential (R-l) lots by Tentative Tract 5144. Bo Tract 5144 Phase 2 (TR 5144 PE 2), recorded November 12, 1991, in Book 39 of Maps at Page 5 in the office of the Kern County Recorder (K.C.R.), has subdivided 7.53 gross acres of the 32.65 gross acres in Assessment 87, into 24 R-1 lots. The 24 lots in TR 5144 PH 2 are assigned Amended Assessment Numbers 1256 through 1279 as shown on the Amended Asoessment Diagram for AD 86-2, Assessment & Diagram Amendment NO. 23 (the Amended Diagram for Apportionment 23) attached hereto and incorporated herein by reference. Tract 5144 Phase i (TR 5144 PH 1), recorded January 13, 1992, in Book 39 of Maps at Page 22, K.C.R., has subdivided a total of 32.53 gross acres in portions of Assessments 87 and 88 into 67 R-1 lots, leaving a 13.91 gross acre remainder of Assessment 87 and a 12.85 gross acre remainder of Assessment 88. The Assessment 87 remainder is part of Tentative Tract 5144 Phase 3 (Ten. TR 5144 PH 3) and that parcel is approved for development into 49 of the 81 total R-1 lots in Ten. TR 5144 PH 3. The Assessment 87 remainder parcel is assigned Amended Assessment Number 1347 and the 67 lots in TR 5144 PH 1 are assigned Amended Assessment Numbers 1280 through 1346, as shown on the Amended Diagram for Apportionment No. 23. The 12.85 gross acre remainder of Assessment 88 has been further divided into two parcels (Parcels A and B) by Certificate of Compliance for Parcel Map waiver NO. 11-90 (PMW 11-90), recorded on February 18, 1992, as Document No. 021487 of official Records of the Kern County Recorder (O.R.). Parcel B, the southwesterly 3.93 gross acres of the 12.85 acre Assessment 88 remainder, has been approved for development as a parking lot to serve the existing light manufacturing facility on the property adjacent to the south boundary of Parcel B. Parcel A is approved for development into 32 R-1 lots and i storm drainage sump as part of Ten. TR 5144 PH 3. Parcel A is assigned Amended Assessment Number 1348 and Parcel B is assigned amended Assessment Number 1255, as shown on the Amended Diagram for Apportionment No. 23. c-1 PURPOSE OF THIS ASSESSMENT REBPREAD, SEGREGATION AND APPORTIOIDiEHT:~ 3e An application has been filed with the Superintendent of Streets of the city of Bakersfield (the superintendent of Streets) by Fruitvale Properties/val vista Estates, Inc. requesting the city to raspread, segregate and apportion the existing unpaid assessment principal balance for Assessments 87 and 88 to the above described lots, parcels and undivided remainder parcels created by the recording of TR 5144 PH 1, TR 5144 PH 2 and PHW 11-90. The purpose of the requested assessment raspread is to adjust the share of the Assessment 88 unpaid principal balance apportioned to Parcel B in PMW 11-90 (Amended Assessment 1255), to bring the Parcel B apportioned assessment share into conformance with the estimated benefits the parcel will receive from the improvements financed by AD 86-2, based on the Parcel B amended zoning and proposed use. The adjustment to the Parcel B apportioned assessment share is proposed to be accomplished by reapportioning 75% of the share of the Assessment 88 principal that would have been apportioned to Parcel B had it been developed into R-1 lots as part of Ten. TR 5144. That 75% assessment share will be shifted from Parcel B and then reapportioned to the 172 R-1 lots in TR 5144 PH 1, TR 5144 PH 2 and Ten. TR 5144 PH 3. The proposed assessment raspread will not increase the total amount of the unpaid principal for existing Assessments 87 and 88. All of the current owners of the lots, parcels and remainder parcel created by the referenced subdivisions of Assessments 87 and 88 have waived statutory rights to separate notice and hearing before the city Council, on any increases or decreases in the existing assessment amounts apportioned to their properties that may result from the requested assessment raspread, segregation and apportionment. The proposed raspread, segregation and apportionment of existing Assessments 87 and 88 is to be made as a Change and Modification to the Engineer's Report for AD 86-2, pursuant to Streets and Highways Code Section 10350 et seq. DESCRXP~XON OF METNOD OF ASSESSME'd~ RBSpRBAD, SBGR~GATXOMAI~D APPORTXOBMEN~ FOR EXISTING ASSESS~'~IITS 87 & 88: The scope of improvements financed by AD 86-2 and assessed to existing Assessments 87 & 88 includes the Buena Vista Trunk Sewer (the "BVTS#) and Street/Utility Improvements that are being installed in a portion of the Riverlakes Ranch including Bagsman Road within Tract 4873-A (the 'Stage 1- A Improvements-). The Hagsman Road frontage along the north boundaries of Assessments 87 and 88 has been developed to its full planned width by AD 86-2, including four-lane, median-divided street, walls, sidewalk and landscaping. The BVTS was funded by the sale of the AD 86-2 Series 'A" Bonds. The cost of the BVTS was assessed to all of the properties in AD 86-2, including existing Assessments 87 & 88. The Stage 1-A Improvements benefit Tract 4873-A that includes existing Assessments 87 & 88, and also a portion of the Riverlakes Ranch Planned Comunity. The cost to install the Stage 1-A Improvements iz funded by the AD 86-2 Series #B', "C# and 'D# Bonds. The original assessment amounts apportioned to existing Assessments 87 & 88 were calculated as follows: as BVTS Sewer - The sewer cost was assessed to Assessments 87 & 88 in two (2) parts, pursuant to AD 86-2 Apportionment NO. 2 that C-2 OR;G~AL C~ apportioned a share of original Assessments 15, 16 and 17 to the new lots in Tract 4873-A as follows= (1) BVTS Availability Charue The BVTS Availability Charge apportioned a share of the BVTS cost as an equal charge for each estimated Equivalent Residential Dwelling unit (EDU) of sewer capacity needed to serve full parcel build-out. Parcel EDU's were estimated based on the parcel land uses shown on the Rancho Laborde Specific Plan ("Laborde Plan"). Assessment 87 & 88 were assessed at their maximum permitted density of 5.0 dwelling units per gross acre. A 163 unit estimated build-out density was used to apportion an AD 86-2 assessment share to Assessment 87 and a build-out density of 170 units was used for the Assessment 88 apportionment, for a combined total of 333 units and 333 EDU. (2) BVTS Area Charqe All AD 86-2 benefited parcels were also assessed a per acre cost share as a trunk sewer capacity development charge. Assessments 87 & 88 were apportioned the area charge, based on their gross areas to street centerline. Stage 1-A Improvements - The cost of Stage 1-AArea improvements was assessed to only those AD 86-2 parcels located within the Stage 1-A Benefit Zone. Assessments 87 & 88 are located in that zone and were assessed a share of the cost of those improvements in two (2) parts, described as follows: (1) staqe 1-A vehicle Trip Generation Charge The total Equivalent Residential Dwelling Unit Vehicle Trips Per Day were estimated for each Stage 1-A Benefit Zone parcel, or parcel portion, using estimated Daily vehicle Trip Rate Factors for each type of land use. The cost of the arterial street section (two inside travel lanes & median island) was assessed under this benefit category. This cost was assessed as an equal charge per R-1 dwelling unit at build-out density estimated for Assessments 87 & 88, using the above stated estimated total build-out units of 163 and 170. (2) Street Availability Area charqe Each Stage 1-A Benefit Zone parcel was assessed an additional Stage 1-A Improvement cost share at an equal charge per parcel gross acre. This assessment category included the cost to construct the outside travel/parking lanes, sidewalks, landscaping, and walls for Hagsman Road in Tract 4873-A. All of the above assessment charges include improvement construction and incidental costs. The existing assessment amounts for Assessments 87 and 88 were segregated and apportioned to those two lots and all of the other lots in Tract 4873- A, by AD 86-2, Assessment and Diagram Amendment No. 2. The amount apportioned per build-out EDU to the Tract 4873-A lots was revised by Apportionment No. 2 to bring the Tract 4873-A lot assessment calculations into conformance with an increase in the estimated build-out EDU's and Daily Vehicle Trips for each new lot, from those values used to calculate the original assessments for the parcels identified as original Assessments 15, 16, & 17. To complete that apportionment, the total C-3 OR;~:NAL amounts assessed to each parcel for the BVTS Availability Charge and Stage 1-A Vehicle Trip Generation charge were combined and reapportioned to each Tract 4873-A lot, based on their combined total EDU'S and Vehicle Trips. Since estimated build-out units were increased in Apportionment No. 2 from those used in the original assessment spread, the resulting assessment unit charges per EDU and vehicle Trip were recalculated at a lower rate. However, because Tract 4873-A lot gross areas to street centerline were used in the Apportionment No. 2 calculations, there was no change in the unit charge amounts for the two assessment shares apportioned by parcel gross acres. DEECRXPTXON OF ASSESSMENT RESPREAD J~'THOD USED TO CAL~JLATE ASSESSMENTS FOR TR 5144 PE 1, TR 5144 PH 2, M 11-90 AND REMAINDER PARCEL ASSESSMENTS Apportionment of Assessment to Parcel B, PMW 11-90 (Amended Assessment 1255) The property owner/subdivider request for a raspread of the Assessments 87 and 88 assessment amounts is based on the following observations as presented in a January 8, 1992 letter from Fruitvale Properties/Val Vista Estates, Inc. to the City Public works Director: (1) On July 5, 1990 the Bakersfield Planning commission approved and adopted a Negative Declaration on Zone Change 5036 (#RZ 5036") for PMW 11-90. RZ 5036 changed the zoning for Parcel B, PMW 11- 90 from R-1 to parking for the purpose of creating a sound and aesthetic buffer between the southerly boundary of Lot 10 in Tract 4873-A (existing Assessment 88) and the existing light industrial use site adjacent to the south boundary of Lot 10. This change in use was made to benefit the new lots approved for development by Tentative Tract 5144 that includes all of the remaining portion of Lot 10 (existing Assessment 88) not in Parcel B, PMW 11-90 and all of Lot 9 (existing Assessment 87). (2) The referenced letter further stated that the Parcel B zone change, additional restrictions to access rights to the site, and a requirement that the site drainage be discharged to a sump on the adjacent property have greatly diminished the benefits to Parcel E from the AD 86-2 improvements as their costs have been assessed to Lots 9 and 10 (existing Assessments 87 and 88). (3) Fruitvale Properties/Val vista Estates has further estimated the reduction in Parcel B benefits to be approximately 75% of the benefit and cost share of the AD 86-2 improvements that would have been apportioned to the property, had the property been developed as part of the Tentative Tract 5144 R-1 subdivision with single family, residential lots. (4) Accordingly, they have requested that 75% of the total share of the Assessment 88 remaining principal that would have been apportioned to Parcel B as R-1 subdivision property, be first shifted to the Assessment 88 remainder left after creating the Parcel B parking lot site. They have further requested that the amended amount of the Assessment 88 remainder (designated Assessment 88-A on the Amended Diagram for Apportionment 23) be combined with the Assessment 87 remaining principal and that combined amount then be reapportioned to the Tentative Tract 5144 lots. b6 The Parcel B, PMW 11-90 (amended Assessment 1255) apportioned assessment amount has, therefore, been calculated as follows= C-4 OR;GINAL Be (1) (2) The 170 dwelling units estimated as the build-out potential for existing Assessment 88 were apportioned to Parcel B, PMW 11-90 (Amended Assessment 1255) and to the remainder of Assessment 88 (amended Assessment 88-A). Assessment 88-A was allocated 150 units and Assessment 1255 allocated 20 units. The originally assessed costs totals for each Assessment 88 benefit category (BVT$ Area/EDU, Stage 1-A Area/Vehicle Trip Benefit Categories) were then apportioned to amended Assessments 1255 and 88-A. Then 75% of the amount apportioned from each Assessment 88 benefit category to Assessment 1255 has been shifted to Assessment 88-A. The remaining 25% of the amended assessment amount is proposed for apportionment to amended Assessment 1255 as shown on Exhibit A, Amended Assessment Roll, attached to the Engineer,s Report for Assessment and Diagram Amendment NO. 23. Respread of Assessment 87 and Assessment 88-A Remaining Principal to TR 5144 PH 1, TR 5144 P~ 2, and Tentative TR 5144 PH 3. The original assessment share for each benefit category of Assessments 87 and 88-A were combined and reapportioned to TR 5144 PH 1, TR 5144 PH 2, the remainder of Assessment 87 (amended Assessment 1347) and the remainder of Assessment 88-A (amended Assessment 1348 being Parcel A, PMW 11-90). Assessments 1347 and 1348 are approved for subdivision by Tentative TR 5144 PH 3 with a total of 81 R-1 lots and 1 sump. The actual or approved R-1 lots and gross area to street centerline for each TR 5144 phase were used to reapportion the combined total amounts of the Assessments 87 and 88-A benefit category assessments to %hose four areas. The total amount per benefit category apportioned to the TR 5144 PH 1 and TR 5144 PH 2 development areas was then apportioned to the new lots in each of the tracts as follows: (1) TR 5144 PB 1 - Amended Assessments 1280 through 1346. The total amounts apportioned to the TR 5144 PH 1 site as BVTS Availability and Stage 1-A benefit categories have been re-apportioned as an equal share to each TR 5144 PH lot. ii. The amounts apportioned to the TR 5144 PHi site as area charge for the BVTS and Stage 1-A Area improvements have been reapportioned to the TR 5144 PH 1 lots based on lot area, because of the wide range of lot sizes within TR 5144 PH 1. The lots in TR 5144 PH 1 vary in size from 13,214 sq. ft. to 22,867 sq. ft. (2) TR 5144 PH 2 - Amended Assessment 1256 Through 1279 The total amounts apportioned to the TR 5144 PH 2 site as BVTS Availability and Stage 1-A Trip Generation benefit categories have been reapportioned to the lots as an equal share per lot. ii. The amounts apportioned to the TR 5144 PH 2 site area charge benefit categories for BVTS and Stage 1-A improvements have also been reapportioned to the TR 5144 PB 2 lots as an equal cost share per lot, because lots in this phase of the tract are approximately equal in frontage and size, except for cul-de-sac lots that are irregular in shape and size. Therefore, it is the finding of this C-5 OR;G;NAL Co assessment apportionment that the TR 5144 PH 2 lots will receive an equal benefit from the area charge improvements and, accordingly, the cost of those improvements is also apportioned in an equal amount per lot. Future apportionment of Assessments 1347 and 1348 to Tentative TR 5144 PH 3 lots: Fruitvale Properties/val Vista Estates, Inc. has requested that the Tentative TR 5144 PH 3 lots be apportioned an equal share per lot of the total BVTS and Stage 1-A area charge benefit categories. The lots in Tentative TR 5144 PH 3 are also approximately equal in frontage and size, except cul-de-sac lots that are irregular in shape. Accordingly, as for TR 5144 PH 2, each lot will receive an equivalent benefit from the area charge improvement costs apportioned to amended Assessments 1347 and 1348. Increases and Decreases in Lot and Parcel Assessments Pursuant to This Assessment Raspread. The unpaid assessment amount apportioned to each lot in TR 5144 PH 1, TR 5144 PH 2, PMW 11-90 (amended Assessment 1255 and 1348) and the Assessment 87 remainder (amended Assessment 1347) are shown on Engineer's Report Exhibit A, Amended Assessment Roll If the assessment shift from Parcel B PMW 11-90 (amended Assessment 1255) were not made, the total amount assessed to amended Assessment 1255, to the TR 5144 PHi and TR 5144 PH 2 sites, and to amended Assessments 1347 and 1348 (Tentative TR 5144 PH 3) would be as shown below in Table C-1. The amounts proposed to be apportioned to each of these subdivision sites and to Assessment 1255 by this Assessment and Diagram Amendment No. 23 are also shown on Table C-1, along with the increase or decrease in the amount apportioned to each site that will result from approval of the assessment shift proposed by this Amendment No. 23. Reference to Table C-1 shows that the total amount apportioned to each TR 5144 phase site is increased by 4.71% above the amount that would have been apportioned to each site, if the assessment shift from amended Assessment 1255 were not made. 3. AMENDED ASSESSMENT VAL~E TO LIEN ~ATIOS An appraisal has been prepared by Bruce A. Beaudoin, MAI, eRA, ARA, that included a valuation of the tentative TR 5144 PH 3 site (amended Assessments 1347 and 1348) and the TR 5144 PH 1 and PH 2 subdivisions. The appraisal values the Tentative TR 5144 PH 3 property at $39,000/ac for a total value of $878,000. That value is apportioned to amended Assessments 1347 and 1348 proportionately to their gross acreages of 13.91 acres and 8.92 acres, respectively. Their apportioned values are $535,000 for Assessment 1347 and $343,000 for Assessment 1348. TR 5144 PHI and TR 5144 PH 2 are both completed. One lot has been sold in TR 5144 PH 1, and 16 lots have been sold in TR 5144 PH 2. The referenced appraisal by Mr. Beaudoin stated a value for the completed TR 5144 PHi of $3,250,000 and a value for the completed TR 5144 PH 2 of $840,000. C-6 OR;GJt~A/ AMENDED ASSMENT. PARCEL OR TR 5144 PHASE 1255 (Parcel B, PMW 11-90) 1256-1279 (TR 5144 PH 2) 1280-1346 (TR 5144 PE 1) 1347 (Per Ten. TR 5144 PH 3) 1348 (Per Ten TR 5144 PH 3) TR 5144 TOTALS: TABLE COMPARISON OF AMO%.~NTS APPORTIONED TO TR 5144 PH 1, 2, & 3 AND TO PMW 11-90, WITH A~D WZTHOUT THE SHIFT OF ASSESSMENT FROM PARCEL B, PMW 11-90 (Ai4AmuED ASSESSMENT 1255) APPORTIONED SHARE ASSESSMENTS 87 & 88 INCREASE OR WITH #1255 WITHOUT %1255 DECREASE PER SHIFT/RESPREAD SHIFT/REEPREAD SHIFT/RESPREAD PERCENT INCREASE OR DECREASE 11,701.01 46,804.02 (-35,103.01) (75.00%) 94,633.90 90,368.02 4,265.88 4.72% 384,970.27 367,638.78 17,331.49 4.72% 182,186.95 173,971.84 8,215.11 4.72% 117,329.33 112,038.80 5,290.53 4.72% $779,120.45 $744,017.44 $35,103.01 Net Change in Total Assessment: $0.00 Note: Assessment amounts shown on Table C-1 are the apportioned share of the existing Assessments 87 & 88 remaining principal effective 3/1/92 for the beginning of the 1992/93 tax year. c-7 The value to lien ratios for each of the subdivision sites, based on their apportioned shares of the existing unpaid balance for existing Assessments 87 and 88 is as shown on Table TR 5144 Phase Sites 1256-1279 (TR 5144 PH 2) 1280-1346 (TR 5144 PE 1) 1347 (Per Ten. TR 5144 PH 3) 1348 (Per Ten TR 5144 PE 3) TOTALS= TABLE C-2 A~E~DED ~SES~ENT--VALU~ TO L'rEN I~%TIOS Amended Appraised Ratio Value Assessment Site to (Elf. 3/1/92) value Lien 94,633.90 840,000.00 8.88 to 1.0 384,970.27 3,250,000.00 8.88 to 1.0 182,186.95 535,000.00 2.94 to 1.0 117,329.33 343,000.00 2.92 to 1.0 $779,120.45 $4,968,000.00 6.38 to 1.0 5o The Value to Lien Ratio ("V/L") for Assessments 1347 and 1348 would be 3.08 to 1.0 and 3.06 to 1.0, without the proposed shift in assessment from Assessment 1255 and respread of that shifted amount. The total amended V/L for the TR 5144 PH 1, PH 2, and PE 3 sites is 6.38 to 1, which exceeds the City policy for a 3.0 to 1 overall minimum V/L for an infrastructure bond financing program. Therefore, approval of this change and modification to effect the requested assessment respreed, segregation, and apportionment is recommended. ENGXNEER'S REPORT CERTXFX~ATION I herewith certify that the Amended Assessments shown on Engineer's Report Exhibit A, Amended Assessment Roll, have been calculated as described herein and are apportioned to each parcel in direct proportion to the estimated benefits each parcel will receive from the AD 86-2 Improvements, based on current parcel land uses and zoning. PREPARED BY: WILSON & ASSOCIATES FRESNO, CALIFOREIA EDWARD J. WILSON, R. C. E. 23269 (Expires 12-31-93) ASSESSMENT ENGINEER, ASSESSMENT DISTRICT NO. 86-2 Date: c-8 AMENOED ASMNT NUMBERS (APN) AMENDED PROPERTY OWNER NAME/ACORESS ORIGINAL 9ERIES D (STAGE AMOUNT 2943EXD D-1 04-Jun-92 LISTING OF ORIGI~IAL A~ES~MENT AMOUNTS FOR AMENDED ASSESSMENTS 1255 THROJGH 1348 CffY OF BAKERSFIELD ASSESSMENT DiSTRICT NO. ~ (BUENA VISTA TRUNK SEWER/RANCHO LABORDE STAGE COUNTY OF K~RN, CALIFORNIA 2943EXD DATE: D-2 3O AMENDED ASSESSMENT DIAGRAM OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO, 86-2 CounL¥ of Kern, California ASSESSMENT and DIAGRAM AMENDMENT NO. 23 BY AMENDED ASSESSMENT DIAGRAM OF CITY OF BAKERSFIELD ASSESSIIENT DISTRICT NO. 88-2 County of Kern, California ~TC~ UN[ ASSESSMENT DIAGRAM OF EXISTING ASSESSMENTS 87 AND 88, AND INDEX MAP OF AMENDED DIAGRA~ SHEET 3 4 WILSON A$$OCIATgS AMENDED ASSESSMENT DIAGRAM OF OF BAKERSFIELD ASSESSUENT DISTRICT No. 88-2 Count), of Kern, California HAGEMAN ROAD P W 11-90 L AMEI{D~I) D~GPaOdOFNEII*ASSESSMEI~J 88-AAND 1255 SEE SHEET ¢ FOR .~4ENDED D~GRAU OF ASSESSMENTS 88-A AND 1256 LEGEND N<)R~H UN[ OF PARCEL A P~.~ 11-90 AMENDED ~,.so~v * ASSESSMENT DIAGRAM OF &SSOC~4r~S ,,,,,, m ~ ~ ~,, CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-2 iw*}~-~ County of Kern, California HAGEMAN ROAD -~E ]/4 COR SEC 1 6 SEC 16 AMENDED DIAGRA)/ OF ~ ~ 1347 AND 1348 AS THE REIIAINDER P,UtCI~ FROM THE SUBDIVISION OF ASSESSMENTS 87 AND 88-A BY TRACT 5144 PHASES I AND II, AND INDEX FOR ~D DIAGRAV ~ ,5 AND 6 OC, ITYo.~ ~SSOChI?E$ LEGEND BOUNOARy LINE BCc~R~£N pORTiONS O~ i~SESS~NI~ BI AMENDED ASSESSMENT DIAGRAM OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO 86-2 County of Kern, California HAGE, MAN ROAD 366-57 0 AMENDED DIAGRAM OF NEt ASSESSMENTS 1258 THROUGH 1279 IN TRACT NO. 5144 PHASE H LEGEND AMENDED ASSESSMENT DIAGRAM OF CITY 0F BAlfl~RSFIELD ASSESSMENT DISTRICT NO. 86-2 County of Kern, California HAGEMAN ROAD 366-59 366-60 AJ~NDED DIAGRAR OF NEW ASSESSMEN'~ 1280 THROUGH 1346 n4 TRACT NO. 5144 PHASE I AMENDED ASSESSMENT DIAGRAM OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 86-~2 County of Kern, California