HomeMy WebLinkAboutROI NO 1444
RESOLUTION OF INTENTION NO. 1444
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-52 (19TH, EYE W) 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 4-52 (19th, Eye W), to the Consolidated Maintenance District, said
area is generally described in Exhibit "A" attached hereto, to maintain and operate the
local improvements including pavement, street medians, street lighting, 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
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ORIGINAL
WHEREAS, the City of Bakersfield has received a letter from the owners
of the property described in their letters, 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 4-52 (19th, Eye W), 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 4-52 (19th, Eye
W) 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 City of Bakersfield at a regular meeting thereof held on
APR 2 5 2007 ,by the following vote:
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NOES:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~ " ~u..
fJd-~ CITY CLERK and Ex Officio erk of the
1/ Council of the City of Bakersfield
APPROVED:
APR 2 52007
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ~1n. ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-52 (19TH, EYE W)
Fiscal Year 2006-2007
Addition of territory, Area 4-52 (19th, Eye W) to the Consolidated
Maintenance District is generally described as an area consists of two parcels identified
with assessor's tax numbers (ATN's) 005-491-06-00-3 and 006-011-04-00-4 and are
located on the west side of Eye Street and to the north and south of 19th Street 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
street pavement, street lighting, street medians, drinking fountains and street
landscaping and related 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 4-52 (19th, Eye W) 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
EXHIBIT "111
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ORIGINAL.
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
street landscaping have been installed. When street landscape improvements have
been completed, the appropriate 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 consist of non-residential uses and will be benefited from
improvements planned for the 19th & Eye Streets Intersection Improvement Project
being designed and funded by the City of Bakersfield (CDBG), thus all parcels within the
area will be affected. Sensory benefits from installing pavement, street lighting and
street landscaping are security, aesthetic enhancement and open space enjoyment.
Public median and street landscaping will benefit all the lots or parcels in
the area 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 4-52 (19th, Eye W), 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 4-52
Note: For the purposes of this description, Eye Street is assumed to bear north and
south.
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 30, T 29 S, R 28 E, M.D.B.&M., as shown on Map of the City
of Bakersfield, Northern Kern Division, dated November 21, 1898, and more particularly
described as follows:
Beginning at the southwest corner of the north half of Block 245 of the Kern
Division, also being the intersection of the north right of way line of Wall Street
(33.00' width) and the east right of way line of Eye Street (82.50' width), said
point being the TRUE POINT OF BEGINNING;
THENCE (1) North, along said east right of way line, a distance of 320.00 feet, to
a point of intersection on the east right of way line of Eye Street and the
prolongation of the south right of way line of the alley in Block 235;
THENCE (2) West, along said south right of way line and the prolongation
thereof, a distance of 188.50 feet;
THENCE (3) South, a distance of 204.50 feet to a point on the north line of Block
244 of said Kern Division, also being a point on the south right of way line of 19th
Street (82.50' width);
THENCE (4) East along said right of way line a distance of 40.00 feet;
THENCE (5) South a distance of 115.50 feet, to a point on the north right of way
line of Wall Street;
THENCE (6) East, along said north right of way line of Wall Street, a distance of
148.50 feet to meet the east right of way line of Eye Street at a point which is
also being the southwest corner of the north half of Block 245 of Kern Division
and the TRUE POINT OF BEGINNING.
EXHIBIT "A"
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ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 4-52, 19th, EYE STREET, WEST) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
20th Street
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fUD II lItE 0fFlC[ OF lItE aTY Q.DI( TItS _ DAY fUD fllIl II[aJID TItS _ DAY OF
OF 2ll- 2ll- AT _ -"- II _ _ OF ~
IlIS11IC1S AT ~AGE _ II lItE 0fFlC[ OF lItE ClUlTY
_ OF lItE ClUlTY OF -. STAn: OF _
aTY Q..EIIl OF lItE aTY OF
~ CALf'ORIrIA .lA"r:'~ . FlTCH
ClUlTY ___
BY
AN ~ WAS lEoIIED BY lItE aTY CllUNCIL ON lItE LOlS.
PIECES NJQ ~-.s OF lNlD _ ON TItS _T __
lAID ~ WAS lEoIIED ON lItE _ DAY OF
2lL..: lAID ~ _ NJQ
1HE ~ IIlIU. _ _ illItE 0fFlC[ OF lItE
1lO'_ OF PUaJC _ OF SAIl aTY ON lItE _ DAY
OF 2ll- ___lOlItE
~ IIlIU. _ II lItE 0fFlC[ OF lItE IlO'AIl1IIOlT OF
PUaJC _ fllIllltE EXACT ~ OF EACH ~ lEoIIED
-..sF EACH ~AIlCEL OF lNlD _ ON TItS ~ _
CHEF DEPUlY _
_ II lItE amct: OF 1HE 1lO'_ OF PUaJC _
1HIS _ DAY OF 2ll-
aTY Q.DI( OF lItE aTY OF
-.w. CALf'ORIrIA
IlIlEClIII OF PUaJC _
-.w. CALf'ORIrIA
EXHIBIT WBW ~ f>..K~1>
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FLE: W04-52 SHEET 1 of ~
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ORIGINA
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. 'OAk~
EXHIBIT "C" ~ ~Ql
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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
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 .OO/unit
Mixed Use
Each calculated per the
above.
EXHIBIT "C"
Page 2 of 4
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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 Villaae (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 & Verduao (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, Villaae 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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Page 3 oRO~R'G C1
:lINAL
USE
EDU
REMARKS
Union Avenue(4-07)
Non Residential
3
Per parcel
Silvercreek (3-04)
370-022-04
0.71/unit
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Chester Avenue (4-11,4-16)
Wall Street (4-25)
Baker Street (4-24)
Baker Street" (4-29)
Area for each parcel is based
6/acre
50% on lot area and 50% on
building area.
Stockdale, Callowav (1-15)
Coffee, Gosford (2-15)
Park maintenance fee to be
paid per Agreement 96-81(1).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
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EXHIBIT "t" j!j
Page 4 O~IGINAL
EXHIBIT 11011
MAINTENANCE DISTRICT AREA 4-52
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
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EXHIBIT '~IGINAL
EXHIBIT IIEII
MAINTENANCE DISTRICT AREA 4-52
ASSESSMENT ROLL
FISCAL YEAR 2006-2007
Assessor's Tax No.
Total amount to
be collected for
FY 2006-2007
005-491-06-00-3
006-011 -04-00-4
$0.00.
$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 A venue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
ATN 005-491-06-00-3
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200_, by
19th & Eye Street Investment Group, a California 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 street and median landscaping on public rights-of-way
within the district. The appropriate Street Tiers 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 street and median 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 of the City of Bakersfield. This
covenant shall run with the land.
Dated this
day of
,200_.
Owner(s )/Developer(s):
19th & Eye Street Investment Group,
a California LLC
City of Bakersfield:
Edie Gibson, President
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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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 A venue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
ATN 006-011-04-00-4
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200_, by
The Esther Hay Crites Trust & The Esther Hay Crites Trust &, California Trusts, (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 street and median landscaping on public rights-of-way
within the district. The appropriate Street Tiers 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 street and median 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 of the City of Bakersfield. This
covenant shall run with the land.
Dated this
day of
,200_.
Owner(s )/Developer(s):
The Esther Hay Crites Trust &
The Esther Hay Crites Trust
City of Bakersfield:
Angus D. Crites II, as Trustee
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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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 26th day of April, 2007 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1444. passed
by the Bakersfield City Council at a meeting held on the 25th day of April. 2007 and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY,
AREA 4-52 (19th, EYE W) 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 Cit Clerk
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ORIGINAL