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HomeMy WebLinkAboutROI NO 1489 RESOLUTION OF INTENTION NO. 1489 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-30 (BERKSHIRE, S. UNION NW) 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 5-30 (Berkshire, S. Union NW), 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 parcel, attached hereto as Exhibit "E"; and ~ 'OAI(~1>. o % >. - ..... m - ,.... (.) (:) ORtGINAL WHEREAS, the City of Bakersfield has received a letter from the owner of the property described in Tentative Tract No. 6371, 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: herein. 1. The foregoing recitals are true and correct and are incorporated 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 5-30 (Berkshire, S. Union NW), 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 5-30 (Berkshire, S. Union NW) 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 ~ -0 AkC'1>. o % >. - ..... m - ,.... (,.) (:) 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 OCT 2 5 2006 , by the following vote: ~ ~ ABSTAIN: ABSENT: ........- --- I--" - ___ J.--- -- COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER fl. ( Ylc CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield OCT 2 52006 APPROVED: HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ~?rM ~ Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" MD5-30ri05.doc 3 ~ fQAk~1>. o % .).. - ..... m - r- (,.) l:) ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-30 (BERKSHIRE, S. UNION NW) Fiscal Year 2006-2007 Addition of territory, Area 5-30 (Berkshire, S. Union NW) to the Consolidated Maintenance District is generally described as an area bounded by the Arvin-Edison Canal on the north, S. Union Avenue on the east, Berkshire Road on the south and a line approximately 560 feet west of S. Union 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 5-30 (Berkshire, S. Union NW) is being added to EXHIBIT "1" ~ ~AKc-s> o % .).. - I- m (3 :; ORIGINAL 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. 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 5-30 (Berkshire, S. Union NW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: /6 //7/ uk A----. RAUL M. ROJAS Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~ fQ~Kc-s> o % .).. - ..... m _ r- o c:;, ORIGINAL LEGAL DESCRIPTION Area 5-30 Being a portion of the of the Northeast quarter of Section 30, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the East quarter comer of said Section 30, said point being the centerline intersection of Berkshire Road and South Union Avenue, said point being the True Point of Beginning; 1) Thence along the centerline of Berkshire Road, South 89054'17" West, a distance of566.33 feet; 2) Thence departing said centerline, North 00000'29" East, a distance of 1157.02 feet, more or less, to a point on the South right-of-way of the Arvin-Edison Canal; 3) Thence along said South right-of-way, North 89054'42" East, a distance of338.41 feet; 4) Thence departing said South right-of-way, South 00000'01" East, a distance of 1 00.00 feet; 5) Thence North 89054'42" East, a distance of227.75 feet, more or less, to a point on the centerline of South Union Avenue; 6) Thence South 00000'01" East, along the centerline of South Union Avenue, a distance of 1056.95 feet, more or less, to the True Point of Beginning. Containing 14.52 acres, more or less. ~ '0 A Kc1>. EXHIBIT ~" <:; ..... m _ r- c.."> c:;, ORIGINAL ) ~.. ~ r S! .. ~l:l "'\!i ~ 2:e g~ ~: -8 -'" i~ Zi8 ..l1:! b MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF 1ERfITORY (AREA 5-30 BERKSHIRE, 8. UNION NW) TO lHE CON8OUDAlED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA .... ~ () ~ ~ fr1 I ~ s; Q:: 'Ii( B ^ ~ ~ ~ bJ ~ A. SOO'00'01"E 100.00' B. N89'54'42"E 227.75 f1lEIl IN lHE 0F1'lCE Of lHE CTY a..ERK lHlS _ DAY Of 2Q...., CTY a..ERK Of lHE CTY Of BAKERSFlElD, CAUFORNIA oIN ASSESSUEHT WAS Lnlm BY lHE CTY COUNCL ON 1HE LOlS, PIECES AND PARCEI..S Of LAND SHO\1iN ON lHlS ASSESSMENT DIAGRAM. SAID ASSESSMENT WAS Lnlm ON lHE _ DAY Of 2Q...; SAID ASSESSMENT DlAClRAII oIND lHE ASSESSIlENT Ra.L. ~E RECORDED IN 1HE ornCE Of 1HE DEPARlVENT Of PUBUC WORKS Of SAID CTY ON lHE _ DAY Of 20~ REFERENCE IS IIA1lE TO lHE ASSESSMENT ROll. RECORDED IN lHE omCE Of lHE DEPARlVENT Of PUBUC WORKS FOR lHE EXl,CT AMOUNT Of EACH ASSESSIIENT LE\1m AGAINST EACH PARCEL Of LAND SHO\1iN ON lHIS ASSESSIIENT D1AClRAII. CTY a..ERK Of 1HE CTY Of BAKERSFlElD, CAUF"ORNIA ~SOUTH UNION AVENUE NOO'OO'Ol''W 1056.95' E1/4 COR. SEC. 30 T30S, R28E T.P.O.B. i II I!:IIOIDII!W DRmI 01.1:II AIUIOUl AVENUJ: NOO'OO'29"E 1157.02' DISTRICT BOUNDARY =:JZO NOT TO SCAlE F1l!Il FOR RECORD lHlS _ DAY Of 2Q...., AT _ _II., IN BOOK _ Of ASSESSMENT D1S1R1CTS AT PAGE _IN lHE omCE Of 1HE COUNTY RECORDER Of lHE COUNTY Of KERN, Sf A 1E Of CAUI'ORNIA. Cl ~ Q:: ~~ :8 a::: Il'l i: ~~ ~f5 bJ en ~~ JAIIES W FlTCH COUNTY ASSESSOR-RECORDER BY CHIE1' DEPUTY RECORDER RECORDED IN lHE ornCE Of lHE DEPARlMDIT Of PUBUC WORKS lHlS _ DAY Of 2Q...., DIRECTOR Of PUBUC MlRKS BAKERSf1EI..D. CAUF"CRNIA ~ 'O~Kc1>. o ~ EXHIBITE'B' f1l.E: 1105-30 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. ~K EXHIBIT "e" ~ ~ c~ o % Page 1 of 4 ~ i:!! " l:) 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 EDU 1.0 REMARKS Agricultural Zone Per parcel Single Family (Detached) Dwelling Unit, less than 5 acres 1.0 Per parcel 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. EXHIBIT "C" !< 'OAkc~ o ~ Page 2 of 4~ iii - r- (.) C) 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 EXHIBIT "C" ~ 'Of>.Kc~ c ~ Page 3 of 4 ~ iii i3 5 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. EXHIBIT "C" -oAKcA ~ .~ Page 4 of~ ~ = r- c..> 0 QRIClINAL. EXHIBIT "D" MAINTENANCE DISTRICT AREA 5-30 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 Less: City Contributions $0.00 $0.00 Estimated Beginning Fund Balance(Deficit) NET AMOUNT TO BE ASSESSED $0.00 fQAKc. EXHIBIT t!ti" '9~ .).. ~ 5 Ii 9AIQINAL. EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-30 ASSESSMENT ROLL FISCAL YEAR 2006-2007 Assessor's Tax No. Total amount to be collected for FY 2006-2007 516-010-23-00-0 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield ~ ~~Kc-s> EXHIBIT "E" ~ ~ !:: r- o l:) ORIGINAL 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. 6371. Lots 1-73. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of , 200_, by Berkshire Place. 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 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 2005-2006 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 )/Developer( s): Berkshire Place. LLC City of Bakersfield: Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. MD5-30 _ T6371.doc 'O~Kc-2 d- ~ >- m t: r- c.> I:) ORIGINAL 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 26th day of October ,2006 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1489 , passed by the Bakersfield City Council at a meeting held on the 25th day of October. 2006 and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-30 (BERKSHIRE, S. UNION NW) 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 r BY:~~C DEPUTY Ci Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~ 'OMc-s> o ~ >- iii I- r- '6 Q ORIGINAl.