The URL can be used to link to this page

Home My WebLink AboutROI NO 1363 RESOLUTION OF INTENTION NO. 1363 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-34 (AUBURN, MORNING 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 4-34 (Auburn, Morning 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 against each attached hereto as Exhibit "E"; and parcel, 'òAKt:: ð- 1<1' '"- ::: t;::: I"t¡ (.) ,... ORIGINAf WHEREAS, the City of Bakersfield has received a letter from the owners of the property described in Tentative Tract No. 5982, 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 4-34 (Auburn, Morning 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 4-34 (Auburn, Morning 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. -000- 2 ~ 'QMt1 r:;, ~ :>.. - .... m _ r- V r:;, 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 srI' ? R 7005 , by the following vote: ~ NOES: ABSTAIN: ABSENT: l/ ........-- v-- .....- ,...-- /' /" COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio CI rk Council of the City of Bakersfiel APPROVED: SEP 2 8 2005 II~ HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: &JtAiJ1n ~ Attachments: Exhibit "1" Exhibit "A" Exhibit "8" Exhibit "C" Exhibit "D" Exhibit "E" MD4-34ri05.doc ~ 'ò AIr ~1' () u :>.. " .- rr - ~ o ~ ORJ(;INAI 3 City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-34 (AUBURN, MORNING NE) Fiscal Year 2005-2006 Addition of territory, Area 4-34 (Auburn, Morning NE) to the Consolidated Maintenance District is generally described as an area bounded by a line approximately 1,320 feet north of Auburn Street on the north, a line approximately 2,680 feet east of Morning Drive on the east, Auburn Street on the south and Morning Drive on the west as specifically shown on Map and Assessment Diagram marked Exhibit "8," 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 4-34 (Auburn, Morning NE) is being added to the EXHIBIT "1" 1 «. <òM£"1 () ~ :>.. - .... m _ r- V r:;, 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 2005-2006 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 4-34 (Auburn, Morning NE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: . 1/" IG: (- I /-' ~ RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 « ~!\Kf:'?> o <!;. >- - .... m _ T- " 0 ORIGINAL LEGAL DESCRIPnON Area 4-34 Being a portion of the Southwest quarter of Section 18, Township 29 South, Range 29 East, M.D.B.&M., more particularly described as follows: Beginning at the Southwest comer of said Section 18, said point being on the centerline of Morning Drive, said point also being the True Point of Beginning; I) Thence, North 00°08'17" East along the West line of said Section 18 and centerline of Morning Drive, a distance of 1,329.27 feet, more or less, to the Northwest comer of the South half of the Southwest quarter of said Section 18; 2) Thence, North 89°52'34" East along the North line of the South half of said Southwest quarter, a distance of 2,673.95 feet, more or less, to the Northeast comer thereof; 3) Thence, South 00°02'40" East along the North-South center section line of said Section 18, a distance of 1,325.75 feet, more or less, to the South quarter comer of said Section 18; 4) Thence South 89°48'04" West, along the South line of said Section 18, a distance of2,678.19 feet, more or less, to the True Point of Beginning. Containing 81.55 acres, more or less. EXHI~~'~~~ >- - m '::::: ,... v (;) ORIGINAL I I -'--ì I I L.J í-' I I 1---- I ~m I r-_ "'\ - ~ '\ , . -_\..._j ~ I I I I~ i~ I~ I IZ I I I I I ______J _c. --l!iãi'.r-- ------] SOUTH WEST CORNER SECTION 18. 29 29 T.P.D.B. MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY (AREA 4-34, AUBURN, MORNING NE) TO THE CONSOUDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ,. ~ w . · ,. N ~ ~ ~ 1m I " · " q n · ¿U " ~ .. " M i I i ~ ~ ~ · " Q i " · " · a c " " I n · " a " " M · " · . · . " a " '\ i DISTRICT BOUNDARY ß "'" o NOT TO SCALE " J-' \ I -' " ~ ~ ~ N n a . " c ~ N ~ " Z " " " a -'I I -' " SOUTH 1 4 CORNER SECTION 1 B FILED IN THE (FFICE CF 11iE aTY a.ERK THIS _ DAY OF 2Q...., FLED ræ RECCR) lHS _ DAY rF 2Q......, AT _ ____.... IN BOOK _ OF' ASSESSMENT DISTRICTS AT PAGE _ 1M n£ OFFICE OF' THE COUNTY RECORDER (f' M COUNTY CF KERN, STAlE OF' CAI.FORNA. t 1 ~i { ~.. ~i ~ ¡i ~~ i~ ~! ~~ DTY a.EH< OF 1HE QTY OF' BAKERSFlaD. CH.FORNA AN ASSESSNENT WAS I£'o1ED BY 1HE DTY COUNCI.. ON THE LOTS. PIEŒS NÐ PARŒLS (Jf L.N«) SHOtIII ON THIS ASSDSMENT DlACJtAM, SAID ASSESSMENT WAS L£\1ED ON THE _ DAY OF' 2Cl...J SAID ASSESSMENT DINiIRAIII AND THE ASSESaENT ROLL WERE RECORDED IN THE OFFICE OF' THE DEPARtMENT fIF PUIIJC WORKS aF SAID aTY ON 1HE _ DAY fIF 2Q..... REFERENŒ 1$ MADE TO 1HE ASSESSMENT ROLL RECORDED .. THE OFFICE r:JF THE DEPNmlENT OF' P\8.IC WOIICS FOR 1HE EXACT AMOUNT OF' EAQoI ASSESSMENT I.£'.AED AGAINST EAOt PARCEl. Of' I.NCI SHOWN ON TItS ASSESSUENT DIAGRAM. .IALlFS W FlTD-I CQUNTY ASSESSOR-RECORDER BY CHEf' DEPUTY RECORDER RECORDED IN THE omœ: Of' 11-£ DEPARtMENT (Jf ptØJc WORKS THIS_DAY OF 2Q..... DTY Q.fRK Of' THE aTY OF BAKERSFIELD. CAUFORNIA DIRECTOR fIF PUBUC WORKS BAIŒIOSfIE1D'~K$. ~ 1& EXI-EI'f: -8- - F1l.E: N04-34 r:;, 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. '< ~AK$1 () ~ EXHIBIT~C" iñ _ T- Page 1 <aõ~GINAE' 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. ~ ~Þ,K¿:-1 r:;, <P EXHIBIT>'-'C" ~ Page 2~Ó~GINA~ 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) Miramonte. 178 (4-13) Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue (1-07) 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 'òM~1 EXHIBIT "C" J ~ >- - Page 3 of 4'::: ¡!¿ o r:;, ORIGINAL 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) ExhC05Revised.doc 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. ~Mé'1' «. c.r EXHIBIT 'ß" ~ Page 4 ~4 t; vOORIGINAL EXHIBIT "D" MAINTENANCE DISTRICT AREA 4-34 Said assessment is made in accordance with the benefit formula attached hereto. 2005-2006 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 EXHIBIT « 'òr>.K~1> r:;, <; ~" m PRIGIN^2 EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-34 ASSESSMENT ROLL FISCAL YEAR 2005-2006 Assessor's Tax No. Total amount to be collected for FY 2005-2006 531-010-25-00-7 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield ~ 'QAkt''9 () <P EXHIBIT Y.E" ':!: .... m - T- o r:;, ORIGINAL 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. 5982. All Lots. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of , 200_, by Kern Highland Partners. (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 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 ofthis district, is $146.70 per equivalent dwelling unit, based on fiscal year 2005-2006 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 ofthe City of Bakersfield. This covenant shall run with the land. day of ,200 . Dated this Owner(. )/Developer( s): Kern Highland Partners City of Baker.field: Raul M. Rojas, Public Works Director ,<¡"'Kc1> ~ ~ - >- m ~ G " ORIGINAL NOTE: All owner(s)/developer(s) signatures must be notarized. MD4-34_ T5982.doc 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 29th day of September ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1363 , passed by the Bakersfield City Council at a meeting held on the 28th day of September, 2005 and entitled: RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-34 (AUBURN, MORNING 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:~.n~J~VL0L. DEPUTY City Clerk S:\DOCUMENTlFORMSIAOP. ORD. wpd 't,M(" ~ ''iJ> '<\ "- - .... m _ T- o r:;, ORIGINAL