HomeMy WebLinkAboutROI NO 1373RESOLUTION OF INTENTION NO. 1373
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-56 (ROSEDALE, FROEHLICH 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.
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 1-56 (Rosedale, Froehlich 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 "B"; 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
attached hereto as Exhibit "E"; and
against each parcel,
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tentative Tract No. 6230 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 1-56 (Rosedale, Froehlich 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 1-56 (Rosedale, Froehlich 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 as 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.
-oOo-
.%.
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
~'~'1~ ~ .~ ?flil_~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio C~ of the
Council of the City of Bakersfield
APPROVED:
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD1-56ri05
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA '1-56 (ROSEDALE, FROEHLICH SW)
Fiscal Year 2004-2005
Addition of territory, Area 1-56 (Rosedale, Froehlich SW) to the
Consolidated Maintenance District is generally described as an area bounded by
Brimhall Road on the north, Calloway Drive on the east, a line approximately 660 feet
south of Brimhall Road on the south and a line approximately 540 feet west of Calloway
Drive 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 1-56 (Rosedale, Froehlich SW) is being added to
the Consolidated Maintenance District for the maintenance of public street median and
other street landscaping. The area will be assigned appropriate street tiers in the
Consolidated Maintenance District so that each parcel will be assessed the same
EXHIBIT "1"
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
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 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 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 1-56 (Rosedale, Froehlich 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"
2
LEGAL DESCRIPTION
Area 1-56
Being a portion of the Northeast quarter of Section 26, Township 29 South, Range 26 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the North quarter comer of said Section 26, said point being the centerline intersection of
Rosedale Highway and Jenkins Road, thence North 89o53'52" East, along the North line of said Section
26 and centerline of Rosedale Highway, a distance of 988.29 feet to the Tree Point of Beginning;
1) Thence continuing North 89°53'52" East, along the North line of said Section 26 and centerline
of Rosedale Highway, a distance of 590.21 feet, more or less, to a point on the centerline
intersection of Rosedale Highway and Froehlich Street;
2) Thence South 00°21 '50" East, along the centerline of Froehlich Street, a distance of 521.37 feet;
3) Thence departing said centerline North 89°53'52" East, a distance of 355.22 feet;
4) Thence South 00°21'50" East, a distance of 106.42 feet;
5) Thence South 45017'30" East, a distance of 176.80 feet;
6) Thence North 89o42'30'' East, a distance of 70.55 feet;
7) Thence South 00o17'30'' East, a distance of 760.33 feet;
8) Thence South 89042, 17" West, a distance of 1640.86 feet;
9) Thence North 00020'07" West, a distance of 989.53 feet;
10) Thence North 89038'56" East, a distance of 500.21 feet;
11) Thence North 00020'05" West, a distance of 521.37 feet, more or less, to the Tree Point of
Beginning.
Containing 43.53 acres, more or less.
EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADI:)m(~ OF TERRrroRY
(AREA 1-56, ROSEDALE, I::ROEHU~ 8W) TO THE
CONS(:NJDATED MAINTENANCE DL.WTRICT
BAKERSFIELD, CALIFORNIA
NOT TO SCALE
BY
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):
Multiplied by (t):
Divided by (b):
The number of Equivalent Dwelling Units (EDU's as
defined on page 2 of this exhibit) for the parcel, and;
The factor for the tier level, which equals the street
tier number, and;
The total number of street EDU's in the district.
(1) = Sxaxt
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):
Divided by (b):
(2)
The factor for the tier level, which equals the park tier
number, and;
The total number of park EDU's in the district.
Pxaxt
b
EXHIBIT "C"
Page 1 of 4
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
Agricultural Zone
Single Family (Detached)
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned
5 acres or more.
Undeveloped R-1 zoned,
less than 5 acres.
Multi-Family (Attached)
Undeveloped R-2, R-3
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
1/acre
0.71/unit
0.71/unit
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
6/acre
0.71/unit
1.00/unit
Rounded down to the
nearest whole number.
Rounded down to the
nearest whole number.
Number of units shall equal
the acreage multiplied by 12
rounded down to the nearest
whole number.
Rounded to nearest .01
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.
Parkside Village (2-01)
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
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 & Verdu.qo (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, Villa.qe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per ¢¢~?^
100 feet of California Ave./ r-~%
Stockdale Hwy, frontage ~ ,
FXHIBIT "C"
Pa~e 3 of 4
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, Calloway (1-15)
Coffee, Gosford (2-15)
EDU
3
0.71/unit
6/acre
REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
Park maintenance fee to be
paid per Agreement 96-81(1 ).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
ExhC05
EXHIBIT "C"
Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-56
Said assessment is made in accordance with the benefit formula attached hereto.
2004-2005
BUDGET
Gross Budget Amount Required $0.00
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance(Deficit) $0.00
Less: City Contributions $0.00
NET AMOUNT TO BE ASSESSED $0.00
EXHIBIT "D"
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-56
Assessor's Tax No.
495-010-53-00-5
495-010-55-00~1
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
Total amount to
be collected for
FY 2004-2005
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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
Tentative Tract No. 6230, Units 1 and 2, All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of ,200__, by
TDB Land, LLC, a California Limited Liability 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 of this district, is $120.96
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 mn with the land.
Dated this __ day of ., 200 __.
Owner(s)/Developer(s):
TDB Land, 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.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kem )
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 24th day of February , 2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No.
1373 , passed by the Bakersfield City Council at a meeting held on the 23rd day of
February, 2005 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-56
(ROSEDALE, FROEHLICH 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
DEPUTY Cit~ Clerk
S:~DOCUMENT~FORMS~AOP.ORD.wlxI
2/24/2005