HomeMy WebLinkAboutROI NO 1460
RESOLUTION OF INTENTION NO. 1460
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-58 (16th, Myrtle SE), 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 4-58 (16th, Myrtle SE), 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 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 Parcel Map Waiver No. 05-0386, 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 4-58 (16th, Myrtle SE), 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 4-58 (16th, Myrtle
SE) 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 ~it¥O~G Bakersfield at a regular meeting thereof held on
JUN 2 , by the following vote:
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LAYES:
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON. BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
1.l1t.r.8A (Lmt A1t#ï'tCt
CITY CLERK and Ex Offici Clerk of the
Council of the City of Bakersfield
APPROVED:
JUN 21 2006
HARVEY L. ALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: /Piúut In AIw¡¡/
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
MD4·58ri05.doc
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-58 (16TH, MYRTLE SE)
Fiscal Year 2005-2006
Addition of territory, Area 4-58 (16th, Myrtle SE) to the Consolidated
Maintenance District is generally described as an area bounded by 16th Street on the
north, Pine Street on the east, the AT&SF Railroad on the south and a line
approximately 75 feet east of Myrtle 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 4-58 (16th, Myrtle SE) is being added to the
Consolidated Maintenance District for the maintenance of a park and public street
EXHIBIT "1"
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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 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 4-58 (16th, Myrtle SE), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated:
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 4-58
Being a portion of Section 25, Township 29 South, Range 27 East, M.D.B.&M., more particularly
described as follows:
Beginning at the centerline intersection of 16th Street and Myrtle Street; thence South 89°59'50" East,
along the centerline of 16th Street, a distance of73.25 feet; thence South 00°00'10" West, a distance of
41.25 feet, more or less, to a point on the South right-of-way of said 16th Street, said point also being the
True Point of Beginning;
I) Thence along said South right-of-way, South 89°59' 50" East, a distance of 578.63 feet, more or
less, to a point on the East right-of-way of Pine Street;
2) Thence South 00°00'21" West, a distance of264.22 feet, more or less, to a point on the North
right-of-way of the AT &SF Railroad;
3) Thence along said North right-of-way, North 89°59'50" West, a distance of 578.67 feet;
4) Thence departing said North right-of-way, North 00°00'21" East, a distance of 264.22, more or
less, to the True Point of Beginning.
Containing 3.51 acres, more or less.
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MAP AtÐ A88E88MENT DIAGRAM
FOR ADDITION OF TEFRTORY
CAFEA 4-58161H, MYR11..E BE) TO 1HE
CON8Ol.DA1B) MANTENANCE DISTRCT
BAKERSFIELD, CALIFORNIA
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3-:-25'T - - ~ - -------------
P:!:-2;- , - :;: 5 89'59'50' f 578.63' -
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10 9 8 7 6 5 4 3 2 1 10 9 8 7 6 5 4 3 2 1
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118 12 13 14 15 16 17 18 19 20 11 12 13 14 15 16 17 18 19 20
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DISTRICT BOUNDARY
NOT TO SCALE
FILED IN THE OFAΠOF THE QTY Q.EJI( THIS _ DAY
Π2Q.....
AN ASSESSIIENT WAS I..£W]) BY THE QTY COUNaL ON THE LOTS,.
PEŒS NCI PARCElS Of I.NI) SHCMrt ON THIS ASSESSMENT DIAGIRAM.
$AID ASSIESSNENT WAS LE'ÆD ON 1M[ _ OAY OF
2Cl....: SAID ASSESSMENT DIAGRAM AND
THE ASSESSMENT RCLL IIØ£ RECORDED IN THE 0fFIŒ Of THE
DEPARTMENT OF PUBUC WORkS aT SAID aTY ON THE _ DAY
C1F 2CL... REFERENCE IS WACE 10 M
ASSESSMENT RCIU.. RECORDED IN THE omœ Of 'ntE DEPAR'INENT Of'
PUaJC WORKS FOR Tt£ EXACT AMOUNT or £AQt ASSESSMENT LE\4ED
AQAINST EAO-I PARŒl OF I.NI) SHOIN ON THIS ASSESSMENT DlACIWII.
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FIlm FOR RECORD THIS _ DAY Œ
2Q....... AT _ ----M.. IN ØOOIC _ (If ASSESSMENT
DISTRICTS AT PAGE _ IN THE 0fFIΠOF THE COUNTY
RECCfIJER OF THE COUNTY Of' KERN, STATE Of' CAUFORNIA.
QTY a.£RI( OF 1HE OTY Of
BNCERSFElD, CAUFORNIA
.JAUF~ W F1TCH
COUNTY ASSESSOR-RECCIRDER
BY
CHIEF' DEPUTY RECORDER
RECOROED ... THE a:FIΠOF "THE DEPARTNENT OF Pl8JC WORKS
1HIS_OAVOf' 2CL....
DIRECTOR Of PUIIJC WORKS
BAIŒRSFELD, CAI..FORNIA
OTY a.ERK or THE CfTY OF
""""""'" CAlJ'ORNIA
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EXI-IBI't -S- fi
FILE: 10104-58 .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) = S 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
assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All
Urban Consumers Consumer Price Index.
EXHIBIT "C"
Page 1 of 4
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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
aboye.
EXHIBIT "C"
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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 Villaoe (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 & Verduoo (1-09)
Seven Oaks. North (2-11) & South (2-20)
Undeyeloped R-1 zoned
5 acres or more
3/acre
California Avenue (1-07)
Stockdale. California NE (1-18)
Stockdale. Villaoe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage
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EXHIBIT "<r' '~
Page 3 o~ 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. Calloway (1-15)
Coffee. Gosford (2-15)
Stockdale. Buena Vista SW (2-22)
S:\B30\211-00\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.
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-58
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 4-58
ASSESSMENT ROLL
FISCAL YEAR 2005-2006
Assessor's Tax No.
Total amount to
be collected for
FY 2005-2006
004-150-07-00-3
$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
Parcel Map Waiver No. 05-0386. All lots,
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of ,200_, by
Scott Weslev LLC. (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 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 ofthe City of Bakersfield. This
covenant shall run with the land.
Dated this
day of
,200_.
Owner( s )illeveloper( s):
Scott Weslev LLC
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized,
MD4-58 _ PMW05-0386.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 22nd day of June ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1460,
passed by the Bakersfield City Council at a meeting held on the 21st day of June,
2006 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-58 (16th, MYRTLE SE), 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
ByJ{~ T~
DEPUTY Ci Clerk
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ORIGINAL