HomeMy WebLinkAboutROI NO 1514
RESOLUTION OF INTENTION NO. 1514
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-68 (PATTON, MEANY 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 1-68 (Patton, Meany SW), to the Consolidated Maintenance
District, said area is generally described in Exhibit "A" attached hereto, to maintain and
operate the local improvements including 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
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ORIGINAL
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Parcel Map No. 11688 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 1-68 (Patton, Meany 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 1-68 (Patton,
Meany 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 Zone of benefit and is assessed an amount as 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 ~boge City of Bakersfield at a regular meeting thereof held on
MAR 14 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
./ /'./ ./ ,/'
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER ,^-..Il'l\JL.
COUNCILMEMBER t'\.Gl\.L
COUNCILMEMBER LO (Arlo\. I "iMll j va ~
CITY CLERK and Ex Officio C k of the
Council of the City of Bakersfi d
APPROVED:
MAR 1 4 2007
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: /JVw;-Jr1o ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
MD1-68ri05.doc
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-68 (PATTON, MEANY SW)
Fiscal Year 2006-2007
Addition of territory, Area 1-68 (Patton, Meany SW) to the Consolidated
Maintenance District is generally described as an area bounded by Meany Avenue on
the north, Patton Way on the east, a line approximately 460 feet south of Meany
Avenue on the south and a line approximately 665 feet west of Patton Way 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 public street
medians and other public street landscaping. The improvements generally include,
but are not limited to, 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 1-68 (Patton, Meany SW) is being added to the
Consolidated Maintenance District for the maintenance of public street median and
other street landscaping. The area will be assigned appropriate street tiers in the
Consolidated Maintenance District so that each parcel will be assessed the same
EXHIBIT "1"
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ORIGINAL
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
street landscaping has been installed. When street landscape improvements have
been completed, the appropriate street tier level 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 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 1-68 (Patton, Meany SW), subject to be assessed to pay the cost of maintenance
and operation in said area.
Dated:
:1///67-
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 1-68
Being a portion of the Northeast quarter of Section 21, Township 29 South, Range 27 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the North quarter comer of said Section 21, said point being on the centerline of Patton
Way; thence South 00038'10" West, along the North-South center section line of said Section 21 and
centerline of Patton Way, a distance of 1337.07 feet, more or less, to the Northeast comer of Lot 12 of
the Sales Map of Kern County Land Company in Section 21, 29/27, said point being the centerline
intersection of Patton Way and Meany Avenue and the True Point of Beginning;
1) Thence continuing along said center section line and centerline, South 00038' 47" West, a
distance of 458.1 0 feet;
2) Thence departing said center section line and centerline, North 89008'26" West, a distance of
665.21 feet;
3) Thence North 00035'44" East, a distance of 458.10 feet, more or less, to a point on the centerline
of Meany Avenue;
4) Thence South 89008'26" East, along the centerline of Meany Avenue, a distance of665.62 feet,
more or less, to the True Point of Beginning.
Containing 7.00 acres, more or less.
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ORIGINAL
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MAP AN) ASSESSMENT DIAGRAM
FOR ADDI110N OF TEFRTORY
(AFEA 1-68 PATTON, MEANY 8W) TO THE
CON8OI..DATED MANTENANCE DI8TfICT
BAKERSFIELD, CALIFORNIA
DISTRICT
BOUNDARY
N 1/4 COR. S&:. 21,
7295. R27E P.O.B.
NE COR. LOT 12 OF SALES
MAP OF KERN CO. WID
COMPANY IN SECTION 21.
29/27. T.P.O.B.
~ MEANY AVCNUE
S8r08'28"E 885.82'
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NII9'08'28'W 885.21'
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NOT TO SCAlE
fUD II 1IIE OFFICE aF 1HE QlY a.ERK 1HIS _ DAY
aF 2lL...
FUD FllR RECORD 1IIS _ DAY aF
2lL... AT _ _11.. IN 8DClK _ aF ASSESSIolENT
IllS1NCTS AT PNIl. _ IN 1HE omcE aF THE COUNlY
IlECOIIlEII aF 1HE COUNlY aF 1CEIlN. STAl! aF CALJRlIIIIA,
alY a.ERK aF 1HE Q1Y aF
IIAICIIISf1I!IA CAlRRIIIA
AN ASSESSIlENT WAS \.NED IY THE QlY COUNCIL aN THE LCl1S.
PIECES NIl PNICELS aF LAND SHOIIIl aN tHIS ASSESSIolENT IlIAGIWI.
SAID ASSESlIIIENT WAS LNED aN 1HE _ DAY aT
2lL..: SAID ASSESlIIIENT IllAGlWI NIl
THE ASSESlIIIENT ROLL IERE RECCRDED IN THE omcE aT 1IIE
DEPARnlENT aF PUlIUC WllRKS aF SAID QlY aN 1HE _ DAY
aF 2Il.- REFERUlCE IS IIADE 10 THE
ASSESlIIIENT ROLL RECClRllED IN 1HE OFFICE aF THE DEPARlliIENT aF
PUlIUC WllRICS FllR THE EXACT AMOUNT aF EACJI ASSESlIIIENT LE't1ED
AGAINST EACJI PARCEL aF LAND SHOIIIl aN tHIS ASSESSIIENT IllAGIWI.
JAU~ W FITCH
COUNlY ASSESSCR-IECClRIlER
BY
QIEF DEPUTY IlECOIIlEII
RECClRllED IN THE DFFlCE aF 1HE DEPNmlEMT aF PUlIUC WllRICS
1HIS _ DAY aT 2lL...
QlY a.ERK aF THE QlY aT
1INCERSflEI.D. CAUfllIlNIA
IlIREC10R aF PUIUC WllRICS
BAICDISFELD, CALFllIlNIA
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EOOEIT WBW &
PU: MOHI IHIET GRIGI L
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. 'QA#(~
EXHIBIT "C" ~ '9tr
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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:
Agricultural Zone
EDU
1.0
REMARKS
USE
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)
Undeveloped R-2, R-3
O.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.
EXHIBIT "C" ~ <oA/(~-?
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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)
Multi-Family
Dwelling Unit (Shores)
1.0
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" ~ ~A#(~~
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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. 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.
EXHIBIT "C" ~ "OA/(~~
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ORIGINAL
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 1-68
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
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ORIGINAL
EXHIBIT liE"
MAINTENANCE DISTRICT AREA 1-68
ASSESSMENT ROLL
FISCAL YEAR 2006-2007
Assessor's Tax No.
Total amount to
be collected for
FY 2006-2007
452-030-14-00-5
$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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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
Parcel Map No. 11688. All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200_, by
Hobin. Houchin and Roselle. LLC and the Okev and Billie Houchin 1987 Revocable Trust (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 public landscaping on public rights-of-way within the
district. The appropriate Street Tier will be assigned when landscape 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 public landscaping based on full buildout of this district, is $120.96
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 )/Developer( s):
Hobin. Houchin and Roselle. LLC
City of Bakersfield:
Raul M. Rojas, Public Works Director
The Okev & Billie Houchin 1987 Rev. Trust
NOTE: All owner(s)/developer(s) signatures must be notarized.
MDI-68]MI1476.doc
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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 15th day of March, 2007 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1514,
passed by the Bakersfield City Council at a meeting held on the 14th day of March,
2007 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
1-68 (PATTON, MEANY SW), TO THE CONSOLIDATED MAINTENANCE
DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTIOR'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:Wk~~
DEPU't City Clerk
S:\DOCUMENT\FORMS\AOP .ORD.wpd
3/15/2007
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ORIGINAL