HomeMy WebLinkAboutROI NO 1470
RESOLUTION OF INTENTION NO. 1470
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 5-29 (HALE, FILSON 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 5-29 (Hale, Filson 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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ORIG/NA!
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Parcel Map Waiver No. 06-0180, 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 5-29 (Hale, Filson 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 5-29 (Hale, Filson
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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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the fity a1b~akersfield at a regular meeting thereof held on
JUL , by the following vote:
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COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~) H-~"XliY"
(1h\¡ß¡_Ll1ÌJl.1^~
CITY CLERK and Ex Offi' Clerk of the
Council of the City of Bakersfield
APPROVED:
JUL 1 9 200S
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ~.)fh >#zt~
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-29 (HALE, FILSON SE)
Fiscal Year 2006-2007
Addition of territory, Area 5-29 (Hale, Filson SE) to the Consolidated
Maintenance District is generally described as an area bounded by Filson Street on the
north, a line approximately 160 feet east of Hale Street on the east, a line approximately
90 feet south of Filson Street on the south and Hale Street on the west as specifically
shown on Map and Assessment Diagram marked Exhibit liB," 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 5-29 (Hale, Filson SE) is being added to the
EXHIBIT "1"
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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 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.
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 2006-2007 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 5-29 (Hale, Filson 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 "111
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ORIGINAL
LEGAL DESCRIPTION
Area 5-29
Being a portion of the of the Northwest quarter of Section 15, Township 30 South, Range 28 East,
M.D.B.&M., more particularly described as follows:
Beginning at the Northwest comer of said Section 15, said point being the centerline intersection of
Cottonwood Road and East Planz Road; thence North 89°42'54" East, along the North line of said
Section 15 and centerline of East Planz Road, a distance of 1161.03 feet, more or less, to the centerline
intersection of East Planz Road and Hale Street; thence South 00°02'35" West, a distance of360.00 feet,
more or less, to the centerline intersection of Hale Street and Filson Street, said point being the True
Point of Beginning;
1) Thence along the Easterly extension of the centerline of Filson Street, North 89°42'54" East, a
distance of 165.17 feet;
2) Thence departing said centerline extension, South 00°02'35" West, a distance of90.00 feet;
3) Thence South 89°42'54" West, a distance of 135.17 feet, more or less, to a point on the Easterly
right-of-way of Hale Street;
4) Thence North 89°57'25" West, a distance of 30.00 feet, more or less, to a point on the centerline
of Hale Street;
5) Thence North 00°02'35" East, along the centerline of Hale Street, a distance of 89.83 feet, more
or less, to the True Point of Beginning.
Containing 0.34 acres, more or less.
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MAP AN) ASSESSMENT DlAaRAM
FOR ADDI110N OF TBRTORY
(AÆA 5-29 HALE, FL80N BE) TO THE
CONSOLDAlED MANTENANCE DI81RICT
BAKERSFIELD, CALIFORNIA
L
NW COR. SEC. 15
T30S. R28E. P.O.B.
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LOT 44
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LOT 5
DISTRICT BOUNDARY
N 89'42'54N E 165.17'
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Lt FILSON STREET
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PARCEL 1
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PARCEL 2
N 89'42"54" E 135.17
LOT 7
89'57'25" W 30.00'
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NOT TO SCALE
FILED IN THE ŒFlCE OF THE CITY Cl..fRK lHlS _ DAY
OF 20~
FILED FOR RECORD lHlS _ DAY OF
20...... AT _ _M., IN BOOK _ OF ASSESSMENT
DlSlRIClS AT PAGE _ IN 1}£ OfF1CE OF 1HE COUNTY
RECORDER OF 1}£ COUNTY OF KERN, STA 1£ OF CAUFORNIA.
CITY CI..£R ( OF lHE CITY OF
BAKERSFIELD, CALIFORNIA
JAMES W ATCH
COUNTY ASSESSOR-RECORDER
BY
NI ASSESSMENT WAS LEVIED BY lHE CITY COUNCR. a4 1}£ LOTS,
PIECES NlD PARCELS OF LAND SHOIWI a4 lHlS ASSESSMENT DIAGRAM.
SAIO ASSESSNENT WAS lEVIED ON lHE _ DAY OF
2IL..; SAID ASSESSMENT DIAGRAM NlD
lHE ASSESSMENT ROlL _ RECORDED IN 1}£ OfF1CE OF lHE
DEPARTMENT OF PUIlUC WORKS OF SAID CITY a4 lHE _ DAY
OF 20~ REfERENCE IS MADE TO lHE
ASSESSMENT ROlL RECORDED IN 1}£ 0FI'1CE OF lHE DEPARTMENT OF
PUIIUC WORKS FOR lHE EXACT AMOUNT OF EAOf ASSESSMENT LEVIED
AGAINST EAOf PARCEl. OF LAND SHOIWI a4 lHIS ASSESSMENT DIAGRAM.
CHIEf" DEPUTY REtalDER
REtalDED IN lHE OfF1CE OF lHE DEPARTMENT OF PUIlUC WORKS
lHlS _ DAY OF 20~
DIRECTOR OF PUIIUC WORKS
BAKERSFIELD, CALFORNIA
CITY CI..£R ( OF lHE CITY OF
BAKERSFIELD, CAUFORNIA
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EXHBT AlGI 1<:>
FIlE 10405-29 S>IEET' 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. « <õt\K~?>
EXHIBIT "c" Q ~
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ORIGINAL
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:
USE
Single Family (Detached)
Dwelling Unit, less than
5 acres
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
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)
0.71/unit
Undeveloped R-2, R-3
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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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)
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)
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
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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\211-00\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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Page 4 ofð G
ORIGINAL
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 5-29
Said assessment is made in accordance with the benefit formula attached hereto.
2006-2007
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 IIEII
MAINTENANCE DISTRICT AREA 5-29
ASSESSMENT ROLL
FISCAL YEAR 2006-2007
Assessor's Tax No.
Total amount to
be collected for
FY 2006-2007
172-042-06-00-8
$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
Parcel Map Waiver No. 06-0180. Parcels 1 and 2.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of ,200_, by
Steven and Joy Lynn Earnest, (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 instal1ed.
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 ful1 buildout ofthis
district, is $146.70 per equivalent dwel1ing unit, based on fiscal year 2005-2006 dol1ars 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 shan run with the land.
Dated this
day of
,20o_.
Owner( s )/Developer( s ):
Steven and Joy Lynn Earnest
Citv of Bakersfield:
Raul M. Rojas, Public Works
Director
MD5-29 _ PMW06-0 ISO.doc
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ORIGINAL
NOTE: All owner(s)/developer(s) signatures must be notarized.
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 20th day of July ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1470,
passed by the Bakersfield City Council at a meeting held on the 19th day of July, 2006
and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
5-29 (HALE, FILSON 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
BY:~~~
DEPU Y Cit Clerk
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