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Home My WebLink AboutROI NO 1539 RESOLUTION OF INTENTION NO. 1539 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3-69 (ASHE, MCCUTCHEN NE), 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 3-69 (Ashe, McCutchen NE), 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 attached hereto as Exhibit "E"; and 1 parcel, fl..K ~ co c,ty o % >- - l- ~ <:> 0 ORIGINAl I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City ~f Bakersfield at a regular meeting thereof held on JUN 6 , by the following vote: (:::ELE&: NOES: {_~~1A.IN: ~~ v .---. t-- ~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~~ ~ CIT CLERK and Ex Officio I rk of the Council of the City of Bakersfield APPROVED: .JUN 6 2007 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: I3td ~ , ~ Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" MD3-69ri05.doc 3 ~ cof>.Kc,ty o % >- - l- m _ r- c..:> <:1 ORIGINAL PUBLIC WORKS DIRECTOR'S REPORT FOR THE CONSOLIDATED MAINTENANCE DISTRICT City of Bakersfield Fiscal Year 2007-2008 The City of Bakersfield Consolidated Maintenance District consists of all existing territories, separately and specifically described, in part, in the Legal Description of each territory, Exhibit "A" and as shown, separately and in part in each territory's Map and Assessment Diagram, Exhibit "B" for the various areas of benefit within the Consolidated Maintenance District within the City of Bakersfield, County of Kern, State of California. Exhibits "A", "B", "C" and "E" for the Consolidated Maintenance District are on file in the office of the City Clerk. The 2007-2008 Budget for the Consolidated Maintenance District, Exhibit "0" is attached hereto and incorporated by reference as though fully set forth herein. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the areas of the district for the cost of maintaining and operating public parks, public street medians and other public street landscaping improvements. The improvements for the Consolidated Maintenance District Street Landscaping Zone of Benefit generally include, but are not limited to: Public Street Landscaping Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, lighting, irrigation systems, conduits, water mains; and Public Street Median Improvements consisting of: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits and water mains. The improvements for the Consolidated Maintenance District Park Zone of Benefit generally include, but are not limited to: turf, plant forms, shrubs, ground cover, trees, irrigation systems, conduits, water mains, playground equipment, picnic tables, drinking fountains, barbecue pits, security lighting and restrooms. The improvements in this Consolidated Maintenance District are of a public nature. The assessment includes the cost of necessary repairs, replacements, water, equipment, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof. For many years, parks, street medians and other street landscaping improvements in the City were maintained through traditional tax revenues. After the passage of Proposition 13 in 1978, funds available for maintenance and operation of local public improvements were substantially reduced. At present the City's budget does not allow for the cost of all maintenance and operation of local public improvements of the types described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new parks, public street median or other public street landscaping improvements to be constructed within the City. The funds generated as the result of this district are utilized strictly for the purpose of and applied to the maintenance and upkeep of public parks, public street median and other public street landscaping within the district. The Consolidated Maintenance District has been specifically designated to address park maintenance and operation, and maintenance of public street median and other public street landscaping improvements and all parcels within the district are affected. EXHI~~~<f-9 o ~ >- .. - m ~ r- ~ (;:) ORIGINAL The areas within the boundary of the Consolidated Maintenance District receive benefits from the improvements and maintenance thereof. These benefits include street beautification, open space enjoyment, recreation and noise reduction due to the installation of street landscaping, walls, and parks. The benefits from the installation of street landscaping accrue to all the lot or parcel owners within the Consolidated Maintenance District Street Landscaping Zone of Benefit. The benefits of the street landscaping inure to all lots or parcels uniformly, and are based on an Equivalent Dwelling Unit basis, in accordance with Exhibit "C" of each territory hereof. Park use is a benefit most likely to be enjoyed by each resident in the Park Zone of Benefit. These benefits are, therefore, uniformly assessed on an Equivalent Dwelling Unit basis. No assessment for park benefits is made on non-residential lots. The benefit formula for the Consolidated Maintenance District is set forth in Exhibit "C" for each territory, on file in the office of the City Clerk, and is incorporated herein as though fully set forth. Historically, the City has identified the costs of street and median landscaping and park maintenance amenities that are not within the boundaries of the Consolidated Maintenance District and are therefore paid for out of the General Fund. The City then provided a subsidy to parcels within the Consolidated Maintenance District up to the amount of those costs (Le., as of 1996, a 66% subsidy for park maintenance costs and 7.3% for street and median landscape maintenance costs). After the passage of Proposition 218 in 1996, the City has not raised assessment rates within the Consolidated Maintenance District even though maintenance costs have risen. Consequently, the subsidies to parcels within the Consolidated Maintenance District have continued to rise since 1996. On January 12, 2005, the City Council passed Resolution No. 019-05 adopting Council Policy on Park Maintenance and Street Landscaping Assessments which enables the City to collect additional revenue for the maintenance of street and median landscaping and park maintenance within the Consolidated Maintenance District. As of January 12, 2005, all new territories added to the Consolidated Maintenance District that benefit from public parks and/or street landscaping shall be assessed, consistent with the requirements of Proposition 218, those amounts set forth in Exhibit "A" of Resolution No. 019-05. Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles - Riverside - Orange County/All Urban Consumers Consumer Price Index. EXHIBIT "1" <oj).K~..o ~ 'TtJ1 o ... "(\ > iii ~ G C> ORlGmL NOW, THEREFORE, I, RAUL M. ROJAS, Public Works Director of the City of Bakersfield, by virtue of the power vested in me and per direction of the Council of said City, hereby submit the Budget for the Consolidated Maintenance District for FY 2007-2008 attached hereto as Exhibit "0", The Assessment Roll, Exhibit "E" for the Consolidated Maintenance District, for all parcels of property within the various areas of benefit of the Consolidated Maintenance District, subject to be assessed to pay the cost of maintenance and operation of the above described improvements in said territory is on file in the City Clerk's Office. Dated: 5/21/0<: ~ RAUL M. ROJAS Public Works Director City of Bakersfield Attachment: Exhibit "0" S:\PROJECTS\MAI NDIST\ROI\CMD_07-08_Roi_St.doc EXHIBIT "1" ~f\Kf1> J tP . -1\ :> . iii l;:. t- o ORtGINAE' c o '" c ~ .~ ~ 6i ~.. ~ ~ '" ~ ci ~~ Co: "'X ~ '" '" ., E ~.g 3:;1 8" .!.8 _N 6.- ..,N ~l ..~ ~1\ MAP AND ASSESSMENT DIAGRAM FOR ADDmON OF TERRITORY (AREA 3-70, MC CUTCHEN, MOUNTAIN RIDGE NE) TO THE CONSOUDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~ ~ o CURIIE C1 C2 ~ d- ~feYW NOO'l2'on ~ V 11~~ if' i5".,NJ~58'i / _ ~ ( I IWINKLE ~ ~ .... ...- ~ A i:!~ ~ ~ N88'4Tsa'W 1253.81' ~!: r-- I I I I I i I I 11 / /= RADIANT STREET ~.....- I I __00 0 n >{:-= I JI fiH r-- ~ ~ \ r--~ _,I)~ I ~ ~ ~ " MIRROR CREEK DRIVE i ,.nt'':::;:-- _47"E NO'351I'I \ 272.44' ~ NOT TO SCALE N88'4TS8'W 148.23' ClEAR CRYSTAL ORIVE - - - - GlEAMING GEM WAY '--- - ~B ;1 - - '-- .r- ~ - ~ " ~ I.. - 1;: . I--- I--- ~ ~ t I~ ... z 1= CIl ~<.U ~~ r SHIMMERBROOK DRIVE ~f-- ill--- f-- f-- f---- f---- f-- i~)(; ~b'~ I' -8 _il! g - - - t; t; ~ '" ~ ~ " Vr\-t1t= I GOlOCREEK WAY ~ :l ~ z ~ a 2 ~ -v\. -/ BLUE BROOK DRIVE I I I L ~ Me CUTCHEN ROAD SE COR. SEe. 27J Ls 1/4 COR. SEC. 27, T3OS, R21E. T.P.O.B. SlI8'01'18'E 2848.44' LDlSlRICT BOUNDARY FILED IN THE OfFlCE OF THE CITY ClERK THIS _ DAY OF 20~ FILED FOR RECORD THIS _ DAY OF 20_ AT _ ~M., IN BOOK _ OF ASSESSMENT DISTRICTS AT PAllE _ IN THE OfFlCE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, STATE OF CAUFORNIA. CITY ClERK OF THE CITY OF BAKERSFIELD, CALIFORNIA JAlAES W FITCH COUNTY ASSESSOR-RECORDER AN ASSESSWENT WAS LE\IIED BY THE CITY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHO~ ON THIS ASSESSWENT DIAGRAM. SAID ASSESSWENT WAS LEVIED ON THE _ DAY OF 20....; SAID ASSESSWENT DIAGRAM AND THE ASSESSWENT ROLL WERE RECORDED IN THE OfFlCE OF THE DEPAR1lolENT OF PUBUC WORKS OF SAID CITY ON THE _ DAY OF 20~ REFERENCE IS MADE TO THE ASSESSWENT ROLL RECORDED IN THE OfFlCE OF THE DEPAR1lolENT OF PUBUC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSIotENT LE\IIED AGAINST EACH PARCEL OF LAND SHO~ ON THIS ASSESSWENT DIAGRAM. BY CHIEF DEPUTY RECORDER RECORDED IN THE OfFlCE OF THE DEPAR1lolENT OF PUBUC WORKS THIS _ DAY OF 20~ DIRECTOR OF PUBUC WORKS BAKERSFIELD, CAUFORNIA CITY ClERK OF THE CITY OF BAKERSFIELD, CAUFORNIA EXHIBIT 6S'Kc~ ~LE, MD3-7D <.) D 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 parcets 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 doUar 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. EXHIBIT "C" Page 1 of 4 ~ /IlK c-s> ~ % >- - I- rn _ r- (.) (;) 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 1.0 1.0 REMARKS 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) 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" ~ ~f>.Kc?> o ~ Page 2 of t: m _ r- <..) C::J 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 cof>.Kc,^ EXHIBIT "C"ti< '~ Page 3 of~ ~ 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. co~K~ EXHIBIT "C" ~ '9% >- - Page 4 of 4!:: J!! c..:> <:1 ORIGINAL EXHIBIT "0" MAINTENANCE DISTRICT AREA 3-69 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 <of>.KC-9 ~ % >- rn EXHIBIT "Q" b ORIGINAL EXHIBIT "E" MAINTENANCE DISTRICT AREA 3-69 ASSESSMENT ROLL FISCAL YEAR 2006-2007 Assessor's Tax No. Total amount to be collected for FY 2006-2007 538-020-01-00-9 538-020-02-00-2 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield cof>.KC-9 ~ (jl EXHIBIT lis? ~ l- rn _ r- c..:> <:1 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 Waiver No. 07-0742. Parcels lthroue:h 4. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of , 200_, by Old River Land Companv. (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 of the City of Bakersfield. This covenant shall run with the land. Dated this day of ,200_. Owner(s)/Developer(s): Old River Land Company City of Bakersfield: Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. ~ cof>.Kc,ty o % >- - l- rn _ r- c..:> 0 ORIGINAL MD3-69]MW07-0742.doc 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 7th day of June, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1539, passed by the Bakersfield City Council at a meeting held on the 6th day of June. 2007 and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3-69 (ASHE, MCCUTCHEN NE), 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 C Clerk S:\DOCUMENT\FORMS\AOP.ORD.wpd ~ 'OA/(~-9. o % ~ .- t: rn C.) 6' ORIGINAL