HomeMy WebLinkAboutROI NO 1388
RESOLUTION OF INTENTION NO. 1388
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-33 (HARRIS, OLD RIVER 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 3-33 (Harris, Old River 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 "0," 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
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WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tentative Tract No. 6323, 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 3-33 (Harris, Old River 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 3-33 (Harris, Old River 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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ORIGINAL
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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
JUN 8 2IJIJ5 , by the following vote:
CAyE8)
NðES:
ABSTAIN:
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COUNCILMEMBER CARSON, BENHAM. MAGGARD, COUCH, HANSON. SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~''''c"
CITY CLERK and Ex Officio
Council of the City of Bakersfi
APPROVED:
JUN 8 200~
It~
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: f!øMi: 7(2, ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
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ORIC!NAC"
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-33 (HARRIS, OLD RIVER NE)
Fiscal Year 2004-2005
Addition of territory, Area 3-33 (Harris, Old River NE) to the Consolidated
Maintenance District is generally described as an area bounded by a line approximately
1320 feet north of Harris Road on the north, a line approximately 1330 feet east of Old
River Road on the east, Harris Road on the south and Old River 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 a public park
and public street medians and other public street landscaping. The improvements
generally include, but are not limited to, recreation and sports equipment including
swings, slides, play structures and storage buildings; picnic facilities including tables,
benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system
including water mains, sprinklers, fountains, and electrical wires, conduits and timers;
plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways
now existing or hereafter to be constructed or planted in and for said area and are of a
public nature. The assessment includes the cost of necessary repairs, replacement,
water, electricity, care, supervision and any and all other items necessary for the proper
maintenance and operation thereof, and all additions and improvements thereto which
may hereafter be made.
For many years, public parks, public streets median and other public
street landscaping improvements in the City were maintained through traditional tax
revenues. After Proposition 13, in 1978, funds available for maintenance and operation
of parks, street median and other street landscaping improvements were substantially
reduced. At present, the City's budget does not allow for maintenance and operation of
park and street landscaping improvements of the type described above. Thus, without
funds for maintenance and operating costs from a source other than general tax
revenues, the City does not permit new public parks, street median and other street
landscaping improvements to be constructed within the City.
Additional territory, Area 3-33 (Harris, Old River NE) is being added to the
EXHIBIT "1"
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ORIGINAL
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
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 will benefit all the residential lots 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 "0" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 3-33 (Harris, Old River NE), 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 3-33
Being a portion of the Northwest quarter of Section 20, Township 30 South, Range 27 East,
M.D.B.&M., more particularly described as follows:
Beginning at the West quarter comer of said Section 20, said point being the centerline intersection of
Harris Road and Old River Road, said point also being the True Point of Beginning;
1) Thence North 00°21 '53" East, along the West line of said Section 20 and centerline of said Old
River Road, a distance of 627.53 feet;
2) Thence departing said West line and centerline, South 89°14'53" East, a distance of 440.01 feet;
3) Thence North 00°45'07" East, a distance of220.00 feet;
4) Thence North 89°14'53" West, a distance of 441.50 feet, more or less, to a point on the West line
of said Section 20 and centerline of Old River Road;
5) Thence North 00°21 '53" East, along the West line of said Section 20 and centerline of said Old
River Road, a distance of 470.01 feet, more or less, to the Northwest comer of Lot 12 as per the
Sales Map of Lands of the Kern County Land Company as recorded on May 28, 1892 in the
Office of the Kern County Recorder;
6) Thence North 89°14'53" West, along the North line of said Lot 12, a distance of 1339.92 feet,
more or less, to the Northeast comer thereof;
7) Thence South 00°39'10" West, along the East Jines of said Lot 12 and Lot 13 of said Sales Map,
a distance of 1317.35 feet, more or less, to a point on the centerline of Harris Road, said point
also being on the east-west center section line of said Section 20;
8) Thence continuing South 00°39'10" West, along the East line of said Lot 13, a distance of2.81
feet, more or less, to the Southeast comer thereof;
9) Thence North 89°14 '50" West, along the South line of said Lot 13, a distance of 1333.29 feet,
more or less, to the Southwest comer thereof, said point also being on the West line of said
Section 20 and centerline of Old River Road;
10) Thence North 00°21 ' 53" East, along the West line of said Section 20 and centerline of Old River
Road, a distance of2.62 feet, more or less, to the True Point of Beginning.
Containing 38.28 acres, more or less.
EXHIBIT {~f\K<:'Ý
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MAP AND ASSESSMENT DIAGRAM
FOR ADDfT10N OF TERAfTOAY
(AREA 3-33, HARRIS, OLD RIVER NE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
N 8914'53' W 133992
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FILm IN THE OfflCE OF THE OTY a..ERK THIS _ DAY
CJ'" 20-,
F1LED fOR RECORO 1MIS _ DAY OF
20....... AT _ ____.... IN BOOK _ Of ASSESSMENT
DlSlRICTS AT PAGE _IN THE Off1œ OF 11£ COUNTY
RECORDER Of THE COUNTY OF KERN. STATE OF CAUFORNI....
AN ASSESSNENT WAS LE'v1ED BY THE CITY COIJt+CII.. ON T1£ LOTS,
PIECES AND PARœL.S OF LAND SHD¥IN ON THIS ASSESSMENT DlAGR......
SAID ASSESSUEMT WAS l.£'v1ED ON THE _ DAY OF
20....; SAID ASSESSNENT DlAGR..... AND
THE ASSESSNENT ROll. 'ÆRE RECORDED IN T1£ OFFICE Of' T1£
DEPARTMENT OF P!JBLJC WORKS Of SAI) CITY ON THE _ DAY
OF 21L.... REÆRENCE IS MADE TO THE
ASSESSMENT ROll. RECORDED IN THE OFFICE Of' THE DEPARTMENT OF
PtJBLJC WORKS FOR THE EXACT AMOUNT Of EACH ASSESSMENT l.£'v1ED
AGAINST EAOi PARCEL OF L..AHD SHO'Mt ON TItS ASSESStÆNT DIAGRAM.
CITY CLERK Of' THE CITY Of
BJJŒRSfIELD. CAUFOftNlA
.IA~FS W FlTCH
COUNTY ASSESSOR-RECOROER
B'
OiIEf DEPUTY REcœDER
RECOROED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS
THIS _ DAY OF 2(L..
DIRECTOR Of' P!JBUC WORKS
BAKERSFIELD. CAUFORNIA
CITY CLERK Of' TtlE CITY Of'
BAKERSFIfLD. CAUFORfrrIIA
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EXHIBrr 'B' ''S
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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
(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. Maintenance Districts for new developments
formed after January 12, 2005 shall be assessed per Attachment A of Resolution 019-
05 adopted by the City Council on Jan 12,2005.
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EXHIBIT "C" >- ';è
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ORICINAl
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:
Single Family (Detached)
Dwelling Unit, less than
5 acres
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
USE
Agricultural Zone
Undeveloped R-1 zoned
5 acres or more.
4/acre
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Rounded down to the
nearest whole number.
Multi-Family (Attached)
Undeveloped R-2, R-3
0.71/unit
0.71/unit
Number of units shall equal
the acreage multiplied by 12
rounded down to the nearest
whole number.
Non Residential
6/acre
Rounded to nearest .01
Mobile Homes in parks
(Rent Space)
0.71/unit
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per the
above.
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EXHIBIT "C" 'S
Page 2 of 4 {'3
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EDU EXCEPTIONS
Several exceptions have been made to the base EDU rates in the areas listed below
due to commitments made at the time of formation of the original districts.
USE
EDU
REMARKS
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
Parkside Villaqe (2-01 )
Single Family
Dwelling Unit (Vineyard)
1.0
Multi-Family
Dwelling Unit (Shores)
0.86/unit
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
0.58/unit
Non Residential
(Castle & Cooke)
24.26
Non Residential
(Parkside Partners)
7.56
Brimhall & Verduqo (1-09)
Seven Oaks. North (2-11) & South (2-20)
Miramonte, 178 (4-13)
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale. California NE (1-18)
Stockdale. Villaqe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage
EXHIBIT "C"
Page 3 of 4
~_ _. _,_, .,._______.,_.,__.____,__~,_.. ._._._____.~_.h.--_~.._____
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USE
Union AvenueI4-07)
Non Residential
Silvercreek 13-04)
370-022-04
Chester Avenue 14-11 & 4-16)
Wall Street 14-25)
Baker Street 14-24)
Baker Street II 14-29)
Stockdale, Calloway 11-15)
Coffee, Gosford 12-15)
Stockdale, Buena Vista SW 12-22)
ExhC05Revised
5-04-05
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
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).
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 3-33
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 "E"
MAINTENANCE DISTRICT AREA 3-33
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
Assessor's Tax No.
Total amount to
be collected for
FY 2004-2005
497-010-57-00-1
$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. 6323. All Lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of
Lennar Homes of California. Inc. a California corporation (hereinafter, "Owner"),
Consolidated Maintenance District, located in the City of Bakersfield, California.
,200_, by
in connection with the
The real property herein described is located within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of'way
within the district. The appropriate Street and Park Tiers will be assigned when landscape and park improvements
have been installed.
Although this property may have been assessed a lesser amount in the present tax year, the ultimate
estimated annual assessment for maintenance ofa public park and public landscaping based on full buildout of this
district, is $146.70 per equivalent dwelling unit, based on fiscal year 2004-2005 dollars and labor costs of the
district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los
Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. (See Bakersfield City Council
Resolution No. 019-05.)
This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This
covenant shall run with the land.
Dated this
day of
,200_.
Owner(s)meveloper(s):
Lennar Homes of California. Inc..
a California corporation
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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MD3-33J6323
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 9th
day of June ,2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1388.
passed by the Bakersfield City Council at a meeting held on the 8th day of June. 2005
and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 3-33 (HARRIS, OLD RIVER 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
By:á~ +~
DEPU Y Ci Clerk
S:\DOCUMENnFORMSIAOP.ORD.wpd
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