HomeMy WebLinkAboutROI NO 1364
RESOLUTION OF INTENTION NO. 1364
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-52 (BRIMHALL, DEPETRO N), 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 1-52 (Brimhall, DePetro N), 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
the benefit formula set forth as Exhibit "C"; and
(c)
(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 parcel,
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. 6254 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 1-52 (Brimhall, DePetro N), 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 1-52 (Brimhall, DePetro N) 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.
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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
nr.T 1 , '2tœ ' by the following vote:
ChYEV
NOES:
ABSTAIN:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~~"n
CITY CLERK and Ex Officio lerk of the
Council of the City of Baker eld
APPROVED:
nCT 1 2 '2{)Œ
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By ¡(~Î!b ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
MD1-52ri05.doc
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-52 (BRIMHALL, DEPETRO N)
Fiscal Year 2005·2006
Addition of territory, Area 1-52 (Brimhall, DePetro N) to the Consolidated
Maintenance District is generally described as an area bounded by a line approximately
780 feet north of Brimhall Road on the north, a line approximately 660 feet west of
Verdugo Lane on the east, Brimhall Road on the south and a line approximately 180
feet west of DePetro 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 1-52 (Brimhall, DePetro N) 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"
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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 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 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 1-52 (Brimhall, DePetro N), 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 1-52
Being a portion of the South half of the Southwest quarter of Section 30, Township 29 South, Range 27
East, M.D,B.&M., more particularly described as follows:
Beginning at the South quarter comer of said Section 30, said point also being the centerline intersection
of Brimhall Road and Verdugo Lane; thence South 89°47'10" West, along the South line of said Section
30 and centerline of Brimhall Road, a distance of995.14 feet to the True Point of Beginning;
1) Thence South 89°47' 1 0" West, continuing along the South line of said Section 30 and centerline
of Brimhall Road, a distance of 355.00 feet;
2) Thence departing said Section line and centerline, North 00°13'46" West, a distance of777.29
feet;
3) Thence North 87°13'26" East, a distance of675.69 feet;
4) Thence South 00°13'58" East, a distance of219.94 feet;
5) Thence South 89°36'28" West, a distance of320.04 feet;
6) Thence South 00°13'46" East, a distance of 586.56 feet, more or less, to the True Point of
Beginning.
Containing 7.97 acres, more or less.
EXHIBIT "A"
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF lERAlTOAY
(AREA 1-52, BRIMHALL, DE PETRO N) TO THE
CONSOUDAlED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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_____n S.I/4 COR. SEC. 30, 29/27 )
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~I£
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FILED IN THE Of'flCE Of THE CITY CI.ERI< THIS _ DAY
OF 2"-.,
CITY a..£RI( Of THE CITY Of
BAKERSFIELD. CAUFORHIA
AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS.
PIECES AND PARCELS Of LAND SHOYfoI ON THIS ASSESSMENT DIAGRAM.
SAID ASSESSMENT WAS L.£VlEO ON THE _ DAY Of
20....: SAID ASSESSMENT DIAGR..... AND
THE ASSESSMENT ROIJ. WERE RECORDED IN THE Of'flCE Of THE
DEPARTMENT Of PUBUC WORKS OF SAID CITY ON THE _ DAY
Of 20....... REFERENCE IS MADE TO THE
ASSESSWENT ROIJ. RECORDED IN THE Of'flCE Of THE DEPARTMENT Of
PUBUC WDRI<S FOR THE EXACT AMOUNT Of EACH ASSESSMENT LE\IIED
AGAINST EAai PARCEl. Of LAND SHO~ ON THIS ASSESSWENT DIAGRAM.
CITY a.£RI< Of THE CITY Of
BAKERSFIELD. CAUFORNIA
----....-------
FILED FOR RECORD THIS _ DAY OF
20..... AT _ --,1.4., IN BOOK _ Of ASSESSMENT
DISTRICTS AT PAGE _IN THE OFFICE Of THE COUNTY
RECDROER Of THE COUNTY OF KERN, STATE Of CAUFORNlA.
.JWFS W F1TCH
COUNTY ASSESSOR-RECDROER
BV
CHIEF DEPUTY RECORDER
RECORDED IN THE OFFICE OF THE DEPARTMENT Of PUBUC WORKS
THIS DAY OF 20--"
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DIRECTOR OF PU~ WDR!<S . ~r
BAlŒRSflELD, S-AUfORN1A '""(\
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EXHIBI"fo"lB1':A[
FILE: MDI-52 SHEn 1011
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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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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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 ."''''\F
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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)
ExhCQ5Revised.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.
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-52
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
$0.00
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-52
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total amount to
be collected for
FY 2005-2006
11 0-130-34-00-9
110-130-43-00-5
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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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
Tentative Tract No. 6254, All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200_, by
Lakshmana O. and Susila Arasu, (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 $120.96
per equivalent dwelling unit, based on fiscal year 2005-2006 doUars 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! AU 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 shaU run with the land.
day of
,200 .
Dated this
Owner( s )/Developer( s ):
Lakshmana O. and Susila Arasu
City of Bakersfield:
Lakshmana O. Arasu
Raul M. Rojas, Public Works Director
Susila Arasu
NOTE: All owner(s)!developer(s) signatures must be notarized.
MD 1-52_ T6254.doc
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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 13th day of October ,2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1364.
passed by the Bakersfield City Council at a meeting held on the 12th day of
October, 2005 and entitled:
RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 1-52 (BRIMHALL, DEPETRO N), 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
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By: í l:-u 1:::'
DEPU ~ Clerk
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