HomeMy WebLinkAboutROI NO 1438
RESOLUTION OF INTENTION NO. 1438
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-49 (DO NALDO, CASA CLUB 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 4-49 (Donaldo, Casa Club SW), 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, 6736, 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 4-49 (Donaldo, Casa Club 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 4-49 (Donaldo, Casa Club 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 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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I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City, oj Bakersfield at a regular meeting thereof held on
MAR 8 2006 , by the following vote:
~
NOES:
ABSTAIN:
ABSENT:
V',> V I-- £- L- L
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
.mcÛ
CITY CLERK and Ex Officio
Council of the City of Baker
APPROVED:
MAR 8 2006
HARVEY . HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
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By: I¿¡JUI Îh ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
MD4-49ri05.doc
Exhibit "C"
Exhibit "0"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-49 (DO NALDO, CASA CLUB SW)
Fiscal Year 2005-2006
Addition of territory, Area 4-49 (Donaldo, Casa Club SW) to the
Consolidated Maintenance District is generally described as an area bounded by Casa
Club Drive on the north, Donaldo Street on the east, a line approximately 1,300 feet
south of Casa Club Drive on the south and a line approximately 600 feet west of
Donaldo 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 4-49 (Donaldo, Casa Club SW) is being added to
EXHIBIT "1"
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the 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 "0" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 4-49 (Donaldo, Casa Club SW), subject to be assessed to pay the cost of
maintenance and operation in said area,
Dated: '2/'ì..--3/ ð(P
RAULM.~ --
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 4-49
Being a portion of the Southwest quarter of Section 14, Township 29 South, Range 29 East,
M,D,B.&M" more particularly described as follows:
Beginning at the centerline intersection of Donaldo Street and Casa Club Drive as shown on Parcel Map
No, 9784 recorded in Book 50 of Parcel Maps at Page 150, said point being the True Point of
Beginning;
I) Thence South 51°45'00" West, along the centerline of Donaldo Street, a distance of233.49 feet,
more or less, to a point on a tangent curve, concave Southeasterly, with a radius of 300,00 feet;
2) Thence continuing along said centerline, Southwesterly along said curve, through a central angle
of31°45'00", an arc length of 166,24 feet;
3) Thence continuing along said centerline, South 20°00'00" West, a distance of 589.91 feet to a
point on a tangent curve, concave Easterly, with a radius of300,OO feet;
4) Thence continuing along said centerline, Southeasterly along said curve, through a central angle
of 40°00'00", an arc length of209.44 feet;
5) Thence continuing along said centerline, South 20°00'00" East, a distance of 20,00 feet;
6) Thence departing said centerline, South 70°00'00" West, a distance of 36,00 feet;
7) Thence North 20°00'00" West, a distance of20,OO feet to a point on a tangent curve, concave
Easterly, with a radius of 336,00 feet;
8) Thence Northwesterly along said curve, through a central angle of 40°00'00", an arc length of
234,57 feet;
9) Thence North 20°00'00" East, a distance of 123,62 feet;
10) Thence North 59°06'37" West, a distance of 142,99 feet;
II) Thence North 89°52'28" West, a distance of 178,07 feet;
12) Thence North 59°54'55" West, a distance of250,60 feet;
13) Thence South 67°38 '36" West, a distance of 194,54 feet;
14) Thence North 48°54'42" West, a distance of72,95 feet;
15) Thence North 44°23' 15" East, a distance of 445.47 feet;
16) Thence North 32°49'57" East, a distance of245,90 feet;
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17) Thence North 07°36'09" East, a distance of260,75 feet;
18) Thence North 19°33'28" East, a distance of249,16 feet;
19) Thence North 14°45'45" West, a distance of 136.26 feet;
20) Thence North 61 °03'05" West, a distance of99.32 feet;
21) Thence North 16°45'00" East, a distance of35,68 feet;
22) Thence South 67°13'12" East, a distance of 142,81 feet;
23) Thence South 82°31 ' 40" East, a distance of 265 ,82 feet;
24) Thence North 61 °10'54" East, a distance of98,91 feet;
25) Thence South 84°18 '51" East, a distance of 100,95 feet, more or less, to a point on the centerline
of Cas a Club Drive;
26) Thence along said centerline South 01 °32'30" West, a distance of 50,37 feet to a point on a
tangent curve, concave Northeasterly, with a radius of 900,00 feet;
27) Thence continuing along said centerline, Southeasterly along said curve, through a central angle
of 29°13 '30", an arc length of 459,07 feet;
28) Thence continuing along said centerline, South 27°41 '00" East, a distance of 107,84 feet to a
point on a tangent curve, concave Northeasterly, with a radius of 400,00 feet;
29) Thence continuing along said centerline, Southeasterly along said curve, through a central angle
of 10°34'00", an arc length of73,77 feet, more or less, to the True Point of Beginning,
Containing 19,33 acres, more or less,
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MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 4-49, DONALDO, CASA CLUB SW) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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FILED IN THE OFFICE ΠTHE CITY Cl..ERK THIS _ DAY
Of 20--,
filED FOR RECORD THIS _ DAY OF
21L.... AT _ -,W.. IN BOOI< _ OF ASSESSMENT
DlSmlCTS AT PAGE _ IN THE OFFICE or TI£ COUNTY
RECORDER OF THE COUNTY OF KERN, STATE OF CAUFORNlA..
CITY a.ER1( Of 'nit CITY or
BAKERSF1ELD. CAUFORNIA
,JAtJFS W FlTCH
COUNTY ASSESSOR-RECORDER
BY
AN ASSESSMENT WAS L£VIED BY THE CITY COUNCIL ON THE LOTS,
PIECES AND PARCELS Of LAND SHO'IWoI ON lHlS ASSESSMENT DIAGRAM.
SA[) ASSESSNENT WAS LEVIED ON THE DAY Of
2O--..õ SAID ASSESSMENT DIAGRAM AND
THE ASSESSMENT Rw.. WERE RECORDED IN THE ornCE Of THE
DEPARTMENT Of' PUBUC WORKS OF SA[) CITY ON THE _ DAY
OF 20~ REFERENCE IS MADE 10 THE
ASSESSMENT ROll. RECORDED IN T1£ OFFIœ OF THE DEPARTMENT OF
PUBUC WORKS FOR THE EXACT .....OUNT OF EACH ASSESSMENT L£VIED
AGAINST EACH PARŒl OF LAND SHOWN ON THIS ASSESSWENT DIAGRAM.
OilEr DEPUTY RECOftDER
RECORDED IN THE OFFICE OF THE DEPARTMENT OF PU8UC WORKS
THIS _ DAY Of' 2D__
DIRECTOR Of PUBUC WORKS
BAKERSFIElD, CÞ.UFORNIA
CITY CLERK Of THE CITY Of
BAKERSFIELD, CAUFORNIA
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EXHIBm "B" (J
FILE: ~D4--49 sHd?:GtINAL
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)
O,71/unit
Undeveloped R-2, R-3
O,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)
O,71/unit
Mobile Homes in
subdivisions (Owner)
1,OOfunit
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)
Parks ide Villaqe (2-01 )
Single Family
Dwelling Unit (Vineyard)
1.0
Multi-Family
Dwelling Unit (Shores)
O,86/unit
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
O,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" '<. 'rJMf1ó
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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)
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,
EXHIBIT "C'x ~~.Kf1
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-49
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
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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-49
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total amount to
be collected for
FY 2005-2006
387-010-25-00-6
$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 tbe 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. 6736. All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of
Andrew R, Fuller and Stephanie S, Greene. (hereinafter, "Owner"),
Maintenance District, located in the City of Bakersfield, California,
,200_, by
in connection with the Consolidated
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 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 ofthe City of Bakersfield, This
covenant shall run with the land.
Dated this
day of
,200_.
Owner( s )/Developer( s):
Andrew R. Fuller and Stephanie S, Greene
City of Bakersfield:
Raul M, Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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MD4-49 _T6736.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 9th day of March ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No, 1438 ,
passed by the Bakersfield City Council at a meeting held on the 8th day of March,
2006 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
4-49 (DO NALDO, CASA CLUB 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
By: ~ 1-~
DEPUTY . Clerk
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