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HomeMy WebLinkAboutROI NO 1505 RESOLUTION OF INTENTION NO. 1505 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-70 (COLLEGE, VALENCIA 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 4-70 (College, Valencia 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 attached hereto as Exhibit "E"; and parcel, ~ <or..K<t;)> () ~ >- - f- rn - , <..) D 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 FF8 7 20G7 ,by the following vote: C6.W NOES: ~STAIN: C SEN~ COUNCILMEMBER CAM(;N, s'ENHAM, W~IR, COUCH, HANSON, S~AN. S~VNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER -+\ n ~ I'l---.J ~fl. CITY CLERK and Ex Officio C k of the Council of the City of Bakersfie d APPROVED: FEB 7 2007 HARVEY L. HALL MAYOR of the City of Bakersfi ld APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ;&;ut; /th ~ Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD4-70ri05.doc 3 ~ <or..K~;)> () ~ >- -- f- rn _ r- <..) 0 ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-70 (COLLEGE, VALENCIA SE) Fiscal Year 2006-2007 Addition of territory, Area 4-70 (College, Valencia SE) to the Consolidated Maintenance District is generally described as an area bounded by College Avenue on the north, a line approximately 640 feet east of Valencia Drive on the east, a line approximately 1,320 feet south of College Avenue on the south and a line approximately 200 feet east of Valencia Drive 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 4-70 (College, Valencia SE) is being added to the EXHIBIT "1" 1 ~ <ofl..K~;)> <:> % >- ...- f- m _ r- o 0 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 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 "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory, Area 4-70 (College, Valencia SE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: VUv/o 1- , A--- RAUL M. ROJAS -- Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~M~;)> ~ ~ >- -- f- P <5 0 ORIGINAL LEGAL DESCRIPTION Area 4-70 Being a portion ofthe Northwest quarter of Section 25, Township 29 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the North quarter comer of said Section 25, said point being on the centerline of College Avenue, said point also being the True Point of Beginning; 1) Thence South 00036'56" West, along the North-South center section line of said Section 25, a distance of 1321.89 feet; 2) Thence departing said center section line, South 89049'00" West, a distance of 436.70 feet; 3) Thence North 00036'56" East, a distance of 1321.72 feet, more or less, to a point on the North line of said Section 25, said point being on the centerline of College Avenue; 4) Thence North 89047'39" East, a distance of 436.70 feet, more or less, to the True Point of Beginning. Containing 13.25 acres, more or less. ~ <of>..K~;)> () ~ >- -- f- rn - ' EXHIBIT ~IG1NA~ 1 mi t o 'l~ i!!i f ];1 ~N ~... 2.8 ~~ ~~ "I!;! b MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY (AREA 4-70 COL.LEQE, VALENCIA BE) TO 1HE CON8Ol..IDATED MAMENANCE DI81RCT BAKERSFIELD, CALIFORNIA NI/4 CORNER SEC. 25 1295, R28C T.p.a.B ~ 9 ~ 18 ; I I I I I r--------- I I I I I I L________ I I I I I I I I I r:-------- I I I I I I I 1_________ ~ ~ ~ 18 ~ DISTRICT BOUNDAHY N 89'49 '()(} f 436.70 f1LED IN 'TllE 0FF1CE OF lHE aTY lUJlI( lHIS _ DAY OF 20.... f1LED F'llR RECORD lHIS _ DAY OF 2D..... AT _ ---M.. IN BOOK _ OF ASSESSIlENT DlSTRlClS AT PAGE _IN 1HE OFflCE OF 1HE CCUlTY RECClIlIlER OF lHE COUNTY OF KERN. STATE OF CAUFalNA. aTY Cl.ERI( OF 1HE aTY OF BAKERSfIElD. CAI..IfORNlA JoUlES W FITCH COUNTY ASSESSOR-RECClIlIlER BY AN ASSESSMENT WAS LE\1ED BY lHE aTY COUNCIL ON THE LOTS, PIECES AND PARCELS Of LAND SHO~ ON lHlS ASSESSUENT D1AClRAIot. SAlll ASSESSMENT WAS l.E\1ED ON '1HE _ DAY OF 2lL.; SAlll ASSESSUENT DIAGRAM AND 1HE ASSESSMENT ROLL ~E RECORDED IN lHE OFflCE Of lHE DEPARllIENT OF PUBUC WORKS OF SAID aTY ON lHE _ DAY Of 2L REFERENCE IS MAIlE TO lHE ASSESSMENT ROll. RECORDED IN lHE 0FF1CE Of lHE DEPAR1IlENT OF PUBUC WORKS F'llR lHE EXACT AIotOUNT OF [AOI ASSESSMENT LE\1ED AGAINST EAai PARCEL OF LAND SHO~ ON lHS ASSESSIotENT DlAClRAIot. OIlEr DEPUTY RECClIlIlER RECORDED IN lHE OFflCE Of lHE DEPARllIENT OF PUBUC WORKS lHIS _ DAY OF 20.... D1REClOR OF PUBUC WORKS BAlCERSF1ElD, CAI..IfORNIA aTY lUJlI( OF 1HE aTY OF BAKERSfIElD, CAUF'llRNIA ~ ,.... o NOT TO SCAlL <.. ~r..K~;)> EXHIBIT~B. lP F1LE: IlD~-70 ':iHar 1 of 1 ORIGINAL 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. <or..K~;)> EXHIBIT "C" ~ ~ >- -- Page 1 of 4 B 5 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: Single Family (Detached) Dwelling Unit, less than 5 acres EDU 1.0 1.0 REMARKS USE Agricultural Zone Per parcel 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) 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. ~ <or..K~;)> EXHIBIT "C"~ ~ f- m Page 2 of 40 :; 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) Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) 0.86/unit 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 ~M~ EXHIBIT"~ ;)>% Page 3 09 ~ <.) 0 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. <or..K~;)> EXHIBIT ,,~. ~ Page 4 ot4 :; ORIGINAL EXHIBIT "0" MAINTENANCE DISTRICT AREA 4-70 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 $0.00 Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 ~r..K~;)> ~ ~ >- - f- m _ r- EXHIBIT ~;GINA~ EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-70 ASSESSMENT ROLL FISCAL YEAR 2006-2007 Assessor's Tax No. Total amount to be collected for FY 2006-2007 132 -020-03-00-7 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield ~ <or..K~;)> () ~ EXHIBIT "E~ ~ o D 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. 7006. All lots. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of ,200_, by.ll Bakersfield. 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 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): 13 Bakersfield. LLC City of Bakersfield: Raul M. Rojas, Public Works Director MD4-70_T7006.doc ~ ~M~;)> () ~ ;- - f- rn _ r- (,) I;] 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 8th day of Februarv, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1505. passed by the Bakersfield City Council at a meeting held on the th day of Februarv. 2007 and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-70 (COLLEGE, VALENCIA 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:~ i-~ DEPU Y Ci Clerk S:\DOCUMENT\FORMS\AOP .ORD.wpd ~Mt;)> ti- ~ ;:... ~ l- ~ -0 r-- ORIG"