HomeMy WebLinkAboutROI NO 1375RESOLUTION OF INTENTION NO. 1375
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-37 (21st, "R" NE), 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 4-37 (21st, "R" NE), to the Consolidated Maintenance District, said
area is generally described in Exhibit "A" attached hereto, to maintain and operate the
local improvements including a public park and 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,
m
ORIGINAL
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tentative Tract No. 6168, 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:
herein.
1. The foregoing recitals are true and correct and are incorporated
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 4-37 (21st, "R" NE), 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 4-37 (21st, "R"
NE) 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 and Park Zones of benefit and is 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.
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2
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
ua.. ,~ 'mn~' , by the following vote:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
AYES:
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNClLMEMBER
/~, CITY CLERK and Ex Officio Clerl~/~lf the
Council of the City of Bakersfield
APPROVED: MAR 9 2005
MAYOR of the City of Bakersfield
By:
Attachments:
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
MD4-37ri05
3
ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-37 (21st, "R" NE)
Fiscal Year 2004-2005
Addition of territory, Area 4-37 (21St, "R" NE) to the Consolidated
Maintenance District is generally described as an area bounded by 23rd Street on the
north, the Kern Island Canal on the east, 21st Street on the south and "R" Street 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 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 4-37 (21st, "R" NE) is being added to the
Consolidated Maintenance District for the maintenance of a park and public street
EXHIBIT "1"
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 residential use, thus all parcels within the area will
be affected. Sensory benefits from installing street landscaping are aesthetic
enhancement and open space enjoyment.
A public park and public median and street landscaping will benefit all the
lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the
area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and
incorporated in this resolution as though fully set forth herein.
NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the
City of Bakersfield, by virtue of the power vested in me and the order of the Council of
said City, hereby submit the Fiscal Year 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 4-37 (21% R" NE), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated: ~,,/ ::h/~:;
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
2
LEGAL DESCRIPTION
Area 4-37
Being a portion of the Northeast quarter of Section 30, Township 29 South, Range 28 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the centerline intersection of 23rd Street and "R" Street as shown on that Record of Survey
recorded in Book 20 of Record of Surveys at Page 144, in the Office of the Kern County Surveyor;
thence North 90o00'00" East, along the centerline of 23rd Street, a distance of 451.25 feet to the Tree
Point of Beginning;
1) Thence continuing North 90°00'00" East, al°ngthe centerline °f said 23rd Street' a distance °f
234.66 feet, more or less, to a point on the Westerly right-of-way of the Kern Island Canal;
2) Thence South 01059'28'' East, along the Westerly right-of-way of the Kern Island Canal, a
distance of 477.62 feet;
3)
4)
Thence South 10°51'32" West, continuing along said Westerly right-of-way, a distance of 219.62
feet, more or less, to a point on the centerline of 21st Street;
Thence North 89 59 47 West, along smd centerhne of 21 Street, a distance of 661.13 feet,
more or less, to the centerline intersection of 21st Street and "R" Street;
5) Thence North 00°00'00'' East, along the centerline of"R" Street, a distance of 374.98 feet;
6) Thence departing said centerline, North 90°00'00TM East, a distance of 451.25 feet;
7) Thence North 00°00'00'' East, a distance of 318.00 feet, more or less, to the True Point of
Beginning.
Containing 7.69 acres, more or less.
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERFIITORY
(AREA 4-37, 21at, 'R' NE) TO THE
CONSOUDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
d
22nd STREET
HARRIER WAY
STREET
/~ BOUNOAEY
WAY
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NOT TO SCALE
DAY
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EXHIBIT 'B'
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 (l) 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 pamel, 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) = 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):
Divided by (b):
The factor for the tier level, which equals the park tier
number, and;
The total number of park EDU's in the district.
(2) = P x a x t
b
ORIGINAL
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 EDU REMARKS
Agricultural Zone
1.0 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.
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 Villaqe (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 & 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
~ ~ A ~ ~"~o~ EXHIBIT "C"
~- -- Page 3 of 4
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ORIGINAL
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
EDU
3
0.71/unit
REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
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)
6/acre
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 4-37
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
RIGINAL
EXHIBIT "D"
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-37
Assessor's Tax No.
005-030-16-00-1
005-030-21-00-5
005-030-22-00-8
005-030-24-00-2
005-030-25-00-7
005-030-28-00-0
005-030-27-00-3
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
Total amount to
be collected for
FY 2004-2O05
$0.00
$o.oo
$o.oo
$0.00
$o.oo
$o.oo
$o.oo
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. 6168~ Lots 1 through 74
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of ,200 , by
Park View Cottages, 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 thc 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
Angele~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):
Park View Cottages, 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.
MD4-37T6168
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 11th day of March , 2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1375,
passed by the Bakersfield City Council at a meeting held on the 9th day of March, 2005
and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-37 (21st, "R", NE) 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
DEPU'I'~ City~lerk --
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