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Home My WebLink AboutROI NO 1447 RESOLUTION OF INTENTION NO. 1447 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-53 (BRUNDAGE, S. CHESTER 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 4-53 (Brundage, S. Chester 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 1 parcel, 11., ~ç, o >- ~ ... m - .... v t, ORIGINAl WHEREAS, the City of Bakersfield has received a letter from the owner of the property described as McDonald's, 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 4-53 (Brundage, S. Chester 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 4-53 (Brundage, S. Chester 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. -000- 2 ~ 'òM$-9 o - -:!' .... m - t- o b 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 APR 2 6 2006 , by the following vote: CAYES:ì NOfu""' ARS~ ___~SENT: J,..-------- L--- '------ L----- V" COUNCILMEMBER cARsON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER -µ~'5<t~, CITY CLERK and Ex Officio Cler Council of the City of Bakersfield APPROVED: APR 2 6 2006 HAR EY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ;2dw:;~" ~ ;1 U Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" MD4-53ri05.doc 3 ~ 'òÄ/(é'1> o .. """ f- ñí - r-- QORIGINAf City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-53 (BRUNDAGE, S. CHESTER SW) Fiscal Year 2005-2006 Addition of territory, Area 4-53 (Brundage, S. Chester SW) to the Consolidated Maintenance District is generally described as an area bounded by Brundage Lane on the north, S. Chester Avenue on the east, a line approximately 180 feet south of Brundage Lane on the south and a line approximately 280 feet west of S. Chester Avenue 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 4-53 (Brundage, S, Chester SW) is being added EXHIBIT "1" '< 'òAK~1> o - ~ .... '" - r- Q'JRIGINAE> to 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 non-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 park, 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 4-53 (Brundage, S. Chester SW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: Y/--,,/O(> RAUL~OJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 « 'òAK~1> o - "1"\ I-- ñi - ,.... DORIGINA[b LEGAL DESCRIPTION Area 4-53 Being a portion of the Northwest quarter of Section 6, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the Northwest comer of said Section 6, said point being on the centerline of Brundage Lane; thence South 89°40'00" East, along the North line of said Section 6 and centerline of Brundage Lane, a distance of390.00 feet to the True Point of Beginning; I) Thence continuing along said North line and centerline, North 89°40'00" East, a distance of 281.97 feet, more or less, to the centerline intersection of Brundage Lane and South Chester Avenue; 2) Thence along the centerline of South Chester Avenue, South 00°01 '43" East, a distance of 180.00 feet; 3) Thence departing said centerline, North 89°40'00" West, a distance of281.97 feet; 4) Thence North 00°01 '43"West, a distance of 180.00 feet, more or less, to the True Point of Beginning. Containing 1.17 acres, more or less. I!>A/(ti: EXHIBIT ,~" '9<1' >- .." ... m - t- V c::, ORIGINAL ~ , ~ } " ~~ ~3 .. ~ ~i {- ~~ ix ~E gcB; 8- ~~ ~t ~¿ ·8 !ð MAP AN) ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-53, BRUNDAGE, S. CHESTER SW) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CAUFORNIA NW COR. SEC 6 T30S/R28E P.O.B. BRUNDAGE LANE S89'40'OO"E 281.97' DISTRICT BOUNDARY S89' 40'00" E 390.00' Ò <D ò o Ó CD l.&J Ò ~ --------- 0 a::: Ó l.&J I CD l- V! w l.&J ¡,., :I: :t ü 60' V! I ~ ~ ¡,., :t o b o z N89'40'0Q"W 281,97' ß N o NOT TO SCALE FUD IN TI£ ŒFlCE Of THE CITY a..ERK '!HIS _ DAY ~ 20_ F1UD RJR RECORD THIS _ DAY Of 2Q..... AT _ _.... IN BOOK _ OF ASSESSMENT DlS1RICTS AT PAGE _ IN 11£ OFFICE Of 11£ COLJr4TY RECORDER Of' THE COUNTY Of KERN, STAlE OF CALIFORNIA. CITY a.ERK OF THE CITY OF BAKERSFIElD, CAUFORNIA .1A.UI"'~ W FITCH COUNTY ASSESSOR-RECORDER BY N#. ASSESSNENT WAS lE'o1ED BY TIiE CITY COUNCI. QI T1£ LOTS. PIECES AND PARœ.5 OF LAND SJiOWN ON THIS ASSESSMENT ClAGR...... SAID ASSESSMENT WAS l.E'AED ON THE _ DAY Of' 2tL.; SAID ASSESSMENT OIAGfWoI N«) THE ASSESSUENT RaJ. YIERE RECORDED IN THE ornŒ Of' THE DEPARTWENT Cf PUBUC WORKS OF $AI) CITY ON THE DAY OF 20- RÐ'ERENCE IS WADE ro-n£" ASSESSMENT Ra.L. RECORDED IN 11£ OfACE OF THE DEPMTMENT Of PU8UC WORKS FOR THE EXACT AMOUNT Of EAai ASSESSMENT LE"IIED AGAINST EAQi PARCEl. Of I..ÞH) SHOWN ON THIS ASSESSUENT DlAGRAN. OiIEF DEPUTY RECORDER RECOROED IN THE omœ OF THE DEPARtNENT Of PUElUC WORKS THIS _ CAY OF 20..... DRECTOR Of PUBUC WORKS sAKER5F1EI.D. CALIFORNIA CITY a.ERK Of THE CITY Of BAKERSfIELD. CAUfOANlA «'òA "-5> o ¡J' >- ~ ... m EXHBIT WEfORIGI AF FIlL: ~O'-SJ SHEET' of 1 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) = 5 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): 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 for areas formed prior to January 12, 2005 have been frozen at the 1996-1997 level. Areas formed after January 12, 2005 will be assessed an amount not to exceed $146.70 for 2005-2006. In each subsequent year, annual assessrnents may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index, ~ 'òAK~ EXHIBIT "C" 0 1'<1' >- .." Page 1 of 4!:: j.!j "'ORIGINAlb 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. 'òA/(~ EXHIBIT ..ð.. 'SI<J' Page 2 ~ 4 ~ Q b ORIGINAl 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) 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 EXHIBIT ",$IòI\.K('1'ö> Page 3 6f' 4 ~ ¡-- m _ r-- ,;) b 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) S:\B30\211~OO\docs\ExhC~06.doc 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 Area for each parcel is based 6/acre 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. '< IbMt'?> EXHIBIT ..~ c; Page 4 of~ G ORIGINAL EXHIBIT "D" MAINTENANCE DISTRICT AREA 4·53 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 ~ 'òÞ.K~~ o iJ' EXHIBIT:>- "D" ':!! ¡.- m - t- o b ORIGINAL -------._-- ~^'...._._.,._._----- EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-53 ASSESSMENT ROLL FISCAL YEAR 2005-2006 Assessor's Tax No. Total amount to be collected for FY 2005-2006 011-101-07-00-7 011-101-19-00-2 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield ~ 'òM,,1' EXHIBIT "~ c; ... m _ r-- v b ORIGINAL Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Cterk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY McDonald's COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of McDonald's Corporation and Bakersfield Marketing, LLC, (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 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 of the City of Bakersfield, This covenant shall run with the land. Dated this day of ,200_" Owner! s )/DeveloDer! s ): McDonald's Corporation Citv of Bakersfield: Bakersfield Marketing. LLC Raul M, Rojas, Public Works Director X 'òAKê'1> o - ~ I- rn - ,... <.J,)RIGINAI~ NOTE: All owner(s)/devetoper(s) signatures must be notarized. MD4-53 _McDonalds.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 2ih day of April ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No, 1447, passed by the Bakersfield City Council at a meeting held on the 26th day of April. 2006 and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-53 (BRUNDAGE, S. CHESTER 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:~~ DEPU Cit Clerk S .\DOCUMEN1\FORMSIAOP. ORD. wpd '< 'òM"1> o ~ >- - ¡..- m _ t- V b ORIGINAL