HomeMy WebLinkAboutROI NO 1365
RESOLUTION OF INTENTION NO. 1365
POSTED ON
Y:J-O/OS
by City Clerk's Office
City of
Bakersfield
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-53 (REINA, OLD FARM SW), TO
THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE
AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL.
by
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide
for the payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the several lots or parcels of property within the
maintenance district established therefore; and
WHEREAS, the property owner has requested the City Council to include
the property within the Consolidated Maintenance District in accordance with the
procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of
the City of Bakersfield and the Public Works Director recommends addition of territory to
the Consolidated Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield
to add territory, Area 1-53 (Reina, Old Farm SW), to the Consolidated Maintenance
District, said area is generally described in Exhibit "A" attached hereto, to maintain and
operate the local improvements including public street landscaping; and
WHEREAS, the Public Works Director has on this date filed with the Clerk
of said Council his Report, attached hereto and incorporated herein by reference as
Exhibit "1", containing the following:
(a) a description of the boundary of the additional territory, attached
hereto as Exhibit "A"; and
(b) a map and assessment diagram of the additional territory, attached
hereto as Exhibit "8"; and
(c) the benefit formula set forth as Exhibit "C"; and
(d) a budget, Exhibit "D," containing the matters specified in Section
13.04.130 of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each
attached hereto as Exhibit "E"; and
parcel,
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WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tentative Tract No. 6234, Units 1, 2, 4 and 5 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; and
WHEREAS, said property owner has returned his assessment ballot
indicating his support of the proposed assessments and inclusion in the Consolidated
Maintenance District.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
1. The foregoing recitals are true and correct and are incorporated
herein.
2. The City Council hereby preliminarily adopts and approves the
Public Works Director's Report and declares that the territory within the boundaries so
specified and described is the area, Area 1-53 (Reina, Old Farm SW), benefiting from
said local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the exterior
boundaries thereof are hereby specified and described to be as shown on that certain
map marked Exhibit "B", entitled "Map and Assessment Diagram for Addition of
Territory, Area 1-53 (Reina, Old Farm SW) to the Consolidated Maintenance District,
Bakersfield, California," which map indicates by a boundary line the extent of the
territory to be added to the Consolidated Maintenance District and shall govern for all
details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street
Landscape Zone of benefit and is assessed an amount not to exceed $125.00 per
equivalent dwelling unit per year.
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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
.lAIII 12 'OQI} , by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, MAGljARD, COUCH, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
. ((kCA
CITY CLERK and Ex Officio erk of the
Council of the City of Bakers leld
APPROVED:
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MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: /Jr;Wd7Jz- -dlvif
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "8"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-53 (REINA, OLD FARM SW)
Fiscal Year 2004-2005
Addition of territory, Area 1-53 (Reina, Old Farm SW) to the Consolidated
Maintenance District is generally described as an area bounded by Reina Road on the
north, Old Farm Road on the east, a line approximately 1320 feet south of Reina Road
on the south and a line approximately 660 feet east of Allen Road 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 public street
medians and other public street landscaping. The improvements generally include,
but are not limited to, 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 1-53 (Reina, Old Farm SW) is being added to 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
EXHIBIT "1"
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assessed the same amount as other parcels receiving a similar benefit.
All parcels within this area shall be assessed an amount not to exceed
$125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel.
However, parcels will not be assessed until street landscaping has been installed.
When street landscape improvements have been completed, the appropriate street tier
level will be assigned, but in no case shall the assessments exceed $125 per equivalent
dwelling unit.
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 2004-2005 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 1-53 (Reina, Old Farm SW), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 1-53
Being a portion of the Northwest quarter of Section 13, Township 29 South, Range 26 East,
M.D,B.&M., more particularly described as follows:
Beginning at the North quarter corner of said Section 13, thence North 89016'20" West, along the North
line of said Northwest quarter of said Section 13, a distance of2.95 feet, more or less, to the centerline
intersection of Reina Road and Old Farm Road, said point being the True Point of Beginning;
I) Thence South 00050'16" West, along the centerline of Old Farm Road, a distance of 1318.22
feet;
2) Thence North 89014'52" West, a distance of 1983.63 feet;
3) Thence North 00048' 17" East, a distance of 1317.37 feet, more or less, to a point on the North
line of said Northwest quarter, said point also being on the centerline of Reina Road;
4) Thence South 89016'20" East, along said North line and centerline, a distance of 1984.39 feet,
more or less, to the True Point of Beginning.
Containing 60.02 acres, more or less.
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITlON OF TERRITORY
(AREA 1-53, REINA, OLD FARM aW) TO THE
CONSOUDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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f1L[l) IN THE OFFICE OF THE CITY a.ERK THIS _ DAY
Of 20_
RlED FOR RECCRD THIS _ DAY OF
2CL.... AT _ --,W.. IN 800K _ OF ASSESSMENT
DISTRICTS AT PAGE _ IN THE OFFICE Of THE COUNTY
RECOROER Of' THE COUNTY OF KERN. STATE Of CAUFORNIA.
CITY a.ERK OF THE CITY OF
BAKERSFlELD. CAUFORNlA
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COUNTY ASSESSOR-R[COROER
B'
AN ASSESSNENT WAS LE\1EO BY THE CITY COUNaL. ON THE 1.OTS,
PIECES AND PARCELS Of' LAND SH~ ON 11-11$ ASSESSUENT DIAGRAM.
SAlO ASSESSWEHT WAS I.E't'lEO ON THE _ DAY Of
20....; SAID ASSESSWENT DIAGRAM AND
THE ASSESSMENT ROll WERE RECORDEtl IN THE OFfICE OF THE
OEPARlVENT OF PUeUC WORKS OF SAID CITY ON lME _ DAY
OF 20_ REfERENCE IS WADE TO THE
ASSESSMENT ROlL RECORDED IN THE Of'FlCE Of' THE OEPAR1NENT or
PUBLIC WORKS FOR lME EXACT AMOUNT OF EACl1 ASSESQIENT I..F'o'tEO
AGAINST EACH PARCEL Of' l.AHO SHOWN ON THIS ASSESStolENT DIAGRAM.
CHIEf' DEPUTY RfCOROER
RECORDED IN lME omcE OF THE DEPARTMENT OF PUBUC WORKS
THIS _ OAY OF 20_
DIRECTOR or PUBUC WORKS '0 I' ",
BAKERSFID.D, CAUFOR~!~
CITY ClERK OF tHE CITY Of'
BAKERSFIElD, CAUFORNIA
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EXHIBIT "SqR/(iiN
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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 have
been frozen at the 1996-1997 level.
EXHIBIT "C"
Page 1 of 4
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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"
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 11-04)
Undeveloped R-1 zoned
5 acres or more.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parkside VillaQe 12-01 )
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 12-11) & South 12-20)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue 11-07)
Stockdale. California NE 11-18)
Stockdale. VillaQe Lane 11-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage . K
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Page 3 o~f.$;'NAL
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)
ExhC04
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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EXHIBIT "C"
Page 4 of 4
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 1-53
Said assessment is made in accordance with the benefit formula attached hereto.
2004-2005
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
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EXHIBIT "0"
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-53
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
Assessor's Tax No,
Total amount to
be collected for
FY 2004-2005
527-010-03-00-2
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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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
Tract No. 6234. Units 1. 2. 4 and 5. All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200_, by
J & L Gardiner. LLC. a California Limited Liabilitv Company. (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 public landscaping on public rights-of-way within the
district. The appropriate Street Tier will be assigned when landscape 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 public landscaping based on full buildout ofthis district, is $125.00
per equivalent dwelling unit, based on 2004 dollars and labor costs of the district.
This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This
covenant shall run with the land.
day of
,200_.
Dated this
Owner( s )/Developer( s):
J & L Gardiner. LLC.
a California Limited Liability Company
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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Backup ofMDI-53_T6234
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 20th
day of Januarv, 2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1365,
passed by the Bakersfield City Council at a meeting held on the 12th day of Januarv.
2005 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
1-53 (REINA, OLD FARM SW), TO THE CONSOLIDATED
MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING
AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE
BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT
FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~ ~0c:.
DEP C Clerk
S:\DOCUMENl\FORMSIAOP .ORD.wpd
1/20/2005