HomeMy WebLinkAboutROI NO 1549
RESOLUTION OF INTENTION NO. 1549
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-72 (GOSFORD, MCKEE 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 3-72 (Gosford, McKee SW), 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, ~fO~~~
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ORIGJ~1 A L
WHEREAS, the City of Bakersfield has received a letter from the owners
of the property described in Tentative Tract No. 6859, 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 owners have returned their assessment ballots
indicating their 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 3-72 (Gosford, McKee 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 3-72 (Gosford, McKee 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 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
AUG 1 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 t
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----
APPROVED:
AUG 1 5 2007
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ~ #taf;
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD3-72rl05.doc
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ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-72 (GOSFORD, MCKEE SW)
Fiscal Year 2007-2008
Addition of territory, Area 3-72 (Gosford, McKee SW) to the Consolidated
Maintenance District is generally described as an area bounded by McKee Road on the
north, Gosford Road on the east, a line approximately 1,320 feet south of McKee Road
on the south and the Sunset Railroad 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 3-72 (Gosford, McKee SW) is being added to the
Consolidated Maintenance District for the maintenance of a park and public street
EXHIBIT "1"
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ORIGINAL
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 2007-2008 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 3-72 (Gosford, McKee SW), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated: g//~o"1-
~ -
RA M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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ORIGINAL
LEGAL DESCRIPTION
Area 3-72
Being the North half of the Southeast quarter of Section 32, Township 30 South, Range 27 East,
M.D.B.&M., more particularly described as follows:
Beginning at the East quarter comer of said Section 32, said point being the centerline intersection of
McKee Road and Gosford Road, said point being the True Point of Beginning;
1) Thence along the East line of said Section 32 and centerline of Gosford Road, South 00021 '01"
West, a distance of 1321.23 feet;
2) Thence departing said East line and centerline, North 89014'06" West, a distance of2672.08 feet,
more or less, to a point on the East right-of-way of the Sunset Railroad, said point being on the
North-South center section line of said Section 32;
3) Thence along said East right-of-way line and center section line, North 00024'08" East, a
distance of 1321.23 feet, more or less, to the center of said Section 32, said point also being on
the centerline of McKee Road;
4) Thence along the East-West center section line of said Section 32 and centerline of McKee Road,
South 89014'06" East, a distance of2670.88 feet, more or less, to the True Point of Beginning.
Containing 81.03 acres, more or less.
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MAP AND ASSESSMENT DIAGRAM
FOR ADDIT10N OF TERRrrORY
(AREA 3-72, OOSFORD, Me KEE aW) TO THE
CONSOUDA TED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCAlE
If CENlER SECn~ 32, E 1/4 cal. SEe. 32
nos, R27E nos, R27E. T.P.o.B.
rt MOOI ROAD N 89'14'06' W 2670.88' rDlSlRtCT IlOUNOARY
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ill N 89'14'06. W 2672.08
fiLm IN THE OF1'ICE or THE OTY a.ERK THIS _ DAY
or 20~
fiLm FOR RECORD THIS _ DAY or
2lL.... AT _ _II., IN BOOK _ or ASSESSIlENT
DlS11lICTS AT PAGE _ IN THE OF1'ICE or THE COUNTY
RECORDER or THE COUNTY or KERN, STAlE or CAUF'ORNtA.
OTY a.ERK or THE aTY or
BAKERSfIELD, CAUFORNlA
JAMES W F1TCH
COUNTY ASSESSOR-RECORDER
AN ASSESSIlENT WAS lE'IIm BY THE OTY COUNOL ON THE LOTS,
PIECES AND PARCElS or LAND SHOWN ON THIS ASSESSIlENT DIAGRAM.
SAID ASSESSIlENT WAS lE'IIm ON THE _ DAY or
2CL..; SAID ASSESSIlENT DIAGRAM AND
THE ASSESSMENT RCLL ~ RECORDED IN THE OFFlCE or THE
DEPARTIIENT or PUBUC WORKS or SAID OTY ON THE _ DAY
or 2lL.. REFERENCE IS \lADE TO THE
ASSESSIlENT ROll. RECORDED IN THE OFFlCE or THE DEPAR1IotENT or
PUBUC WORKS FOR THE EXACT AMOUNT or EAOi ASSESSIlENT lE'IIm
AGAINST EAai PARCEL or LAND SHOMl ON THIS ASSESSIlENT DIAGRAM.
BY
OilEr DEPUTY RECORDER
RECORDED IN THE ornCE or THE DEPARTllENT or PUBUC WORKS
THIS _ DAY or 2lL....
DIRECTOR or PUBUC WORKS
BAKERSFIELD, ~IA
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OTY a.ERK or THE Cl1Y or
BAKERSFIELD, CAUFORNlA
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 Coun~,(W
Urban Consumers Consumer Price Index. ~ c-9d'!
EXHIBIT "C" ~ ~
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Page 1 of 4 oORIGINAL
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)
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.
EXHIBIT "p8t-.Kc1>
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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 Villaoe (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 & Verduoo (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. Villaoe 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 of 40RIGINAl
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.
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EXHIBIT "C'~ ~
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Page 4 of 4i3 [;
ORIGINAL
EXHIBIT "0"
MAINTENANCE DISTRICT AREA 3-72
Said assessment is made in accordance with the benefit formula attached hereto.
2007 -2008
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
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ORIGINAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 3-72
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Assessor's Tax No.
Total amount to
be collected for
FY 2007-2008
543-01 0-08-01-4
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E" 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. 6859. All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200_, by
Robert D. Nelson and Darin C. Nelson. (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):
Robert D. Nelson and Darin C. Nelson
City of Bakersfield:
Robert D. Nelson
Raul M. Rojas, Public Works Director
Darin C. Nelson
NOTE: All owner(s)/developer(s) signatures must be notarized.
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ORIGINAL
MD3-72J6859.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 16th day of AUQust, 2007 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1549. passed by
the Bakersfield City Council at a meeting held on the 15th day of AUQust. 2007 and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-72 (GOSFORD, MCKEE 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.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
r
BY:~ -=t-..wL
DEPUT Ci Clerk
S:\DOCUMENT\FORMS\AOP.ORD.wpd
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ORIGINAL