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HomeMy WebLinkAbout93-3 Engineers Report Modified 1 of 2MODIFIED ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) CITY OF BAKERSFIELD Mayor and City Council Bob Price, Mayor Lynn Edwards, Councilmember First Ward Patricia DeMond, Councilmember Second Ward Patricia M. Smith, Councihnember Third Ward Conni Brunni, Councilmember Fourth Ward Randall L. Rowles, Councilmember Fifth Ward Kevin McDermott, Vice Mayor, Councilmember Sixth Ward Mark Salvaggio, Councilmember Seventh Ward City Staff Alan Tandy, City Manager Judy Skousen, City Attorney Carol Williams, City Clerk Raul M. Rojas, Public Works Director Gregory Klimko, Finance Director BOND COUNSEL Richard Hargrove Burke, Williams & Sorensen Fresno, California ASSESSMENT ENGINEER Ed Wilson Wilson & Associates Fresno, California UNDERWRITER Sutro & Co., Inc. Robert L. Williams, Jr., Vice President San Francisco, California MODIFIED ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) CERTIFICATE OF FILING AND CONFIRMATION OF AMENDED ASSESSMENT I, Carol Williams, City Clerk of the City of Bakersfield, do hereby certify that the following "MODIFIED ENGINEER'S REPORT, CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3," including the Assessment and Amended Assessment Roll in the amounts set forth therein as the "Amended Assess t as Modified," with the Amended Assessment Diagram attachefi thereto, was filed with me on the ~~~~ay of November, 1994. /~i / %Q lty er City of Bakersfield, California I have prepared this Modified Engineer's Report and do hereby certify that the amount set forth herein as the "Amended Assessment per Change and Modification No. 1" on Exhibit A, Table A-I, and as the "Total Amended Assessment Amount" on Exhibit A, Table A-II, attached hereto, have been computed by me in accordance with the order of the City of Bakersfield. ~. war 1 son, Assessment Engineer, Assessment District No. 93-3 I, Carol Williams, City Clerk of the City of Bakersfield, do hereby certify that the following "MODIFIED ENGINEER'S REPORT, CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3" and the Amended Assessment as Modified contained therein were approved by the City Council of the City of Bakersfield on the day of , 1994, by Council's adoption of Resolution No. lty er City of Bakersfield, California I, Raul M. Rojas, as Director of Public Works of the City of Bakersfield, do hereby certify that a certified copy of the following "MODIFIED ENGINEER'S REPORT, CITY OF BAKERSFIELD ASSESSMENT DISTRICT ~NO. 93-3," together with the Amended Assessment Diagram attached thereto, was recorded in my office on the day of , 1994. hector o lc or City of Bakersfield, California On , 1994, the Certificate Re Release of Lien and Amended Notice of Assessment was recorded in Book at Page as Document No. , of Official Records, the Amended Assessment Diagram was filed in Book of Maps of Assessment and Community Facilities Districts at Pages through , and a Notice of Amended Assessment was recorded in Book at Page ,Document No. , of Official Records in the office of the County Recorder of the County of Kern, California. ounty ecor er County of Kern, California 29149BCER -i- 11/9/94 TABLE OF CONTENTS MODIFIED ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) DESCRIPTION PAGE Certificate of Filing Engineer's Report and Confirmation of Amended Assessment .................................... i Table of Contents ............................................ ii ENGINEER'S REPORT on Changes and Modification of Existing Assessments 1 Through 5 Based on Updated Engineer's Estimate of City Construction Project Cost, Modified PG&E Improvement Cost, Addition of CalWater Improvements, Modified Improvement Incidental, Contingency and Assessment Proceeding Incidental Costs, and Assessment Cash Payments (Change and Modification No. 1), and On Apportionment of Modified Existing Assessments 1, 2, 4, and 5 to New Assessments 6 Through 10 Created by Recordation of Parcel Map Waiver No. 5-94 (Assessment and Diagram Amendment No. 1) City of Bakersfield Assessment District No. 93-3 (California-Oak) ...................... 1 A. Change and Modification No. 1 ............................. 2 I. Confirmed Assessment as Recorded July 1, 1994 ............... 5 II. Cash Payment Collections During the 30-day Cash Payment Period After the Recordation of Assessment on July 1, 1994 ........... 5 III. Total Cost to 1915 Act Bond Issuance (Excluding 1915 Act Bond Issuance Cost and Reserve) per Change and Modification No. 1 ..... 6 IV. Total Assessment Amount per Change and Modification No. 1 ...... 6 V. Comparison Between the Total Assessment Amount as Confirmed June 29, 1994 and the Total Assessment Amount per Change and Modification No. 1, for the Unpaid Assessments (Assessment Nos. 1, 2, 4, and 5) : ............................... 7 VI. Modified Statement of Total Assessment .................... 7 VII. Amended Assessment Roll Re: Change and Modification No. 1 ...... 9 B. Assessment and Diagram Amendment No. 1 ..................... 9 29149B.TOC -ii- ianvsa i DESCRIPTION PAGE REPORT EXHIBITS EXHIBIT A Table A-I: Amended Assessment Roll Re: Change and Modification No. 1 ...... ........... A-I-1 Table A-II: Amended Assessment Roll Re: Assessment and Diagram Amendment No. 1 ......... A-II-1 EXHIBIT B Table B-I: Engineer's Estimate of Total Cost and Assessment .. B-I-1 Table B-II: Engineer's Estimate of Total Cost and Assessment by Project and Assessment Category ................. B-II-1 Table B-III: Engineer's Itemized Estimate of Improvement Cost, City Construction Project .................... B-III-1 Table B-IV: Deleted. Data shown in Table B-IV of the as confirmed Engineer's Report is now included in Modified Engineer's Report Table'B-III ..................... B-IV-1 Table B-V: Itemized Estimate of Incidental (Engineering) Cost for the Improvement Plans Prepared by CalOak and to Be Acquired by the City ...................... B-V-1 EXHIBIT C Engineer's Summary of Individual Assessments .............. C-1 REPORT APPENDICES APPENDIX A Amended Assessment Diagram for Assessment and Diagram Amendment No. 1 (On file with the City Clerk of the City of Bakersfield; reduced, not to scale, copy attached) APPENDIX B Copies of the Engineer's Cost Estimate for the City Construction Project, Prepared by Ruettgers Engineering; Letter from Wilson & Associates to the City Regarding Change and Modification No. 1 Issues Resolved While Preparing Modified Engineer's Report APPENDIX C Copy of Final Engineer's Report for AD 93-3 as Confirmed June 29, 1994 29149B.TOC -iii- iQr27/94 ENGINEER'S REPORT ON CHANGES AND MODIFICATION OF EXISTING ASSESSMENTS 1 THROUGH 5 BASED ON UPDATED ENGINEER'S ESTIMATE OF CITY CONSTRUCTION PROJECT COST, MODIFIED PG&E IMPROVEMENT COST, ADDITION OF CALWATER IMPROVEMENTS, MODIFIED IMPROVEMENT INCIDENTAL, CONTINGENCY AND ASSESSMENT PROCEEDING INCIDENTAL COSTS, AND ASSESSMENT CASH PAYMENTS (CHANGE AND MODIFICATION NO. 1) AND ON APPORTIONMENT OF MODIFIED EXISTING ASSESSMENTS 1, 2, 4, AND 5 TO NEW ASSESSMENTS 6 THROUGH 10 CREATED BY RECORDATION OF PARCEL MAP WAIVER NO. 5-94 (ASSESSMENT AND DIAGRAM AMENDMENT NO. 1) CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA OAK) This Modified Engineer's Report describes two significant changes to Ciry of Bakersfield Assessment District No. 93-3 (California-Oak), hereafter referred to as "AD 93-3," that have occurred since the AD 93-3 Engineer's Report was approved in final form and the individual parcel assessment amounts were confirmed on June 29, 1994 by the adoption of Bakersfield City Council ("City Council") Resolution No. 99-94. The two AD 93-3 changes are summarized below and described in detail in the following "A" and "B" Sections of this Modified Engineer's Report. A copy of the "As Confirmed Final Engineer's Report" is attached to this Modified Engineer's Report as Appendix C and incorporated herein by reference. Signed copies of the As Confirmed Final Engineer's Report are on file in the office of the Ciry Clerk and in the office of the Ciry Director of Public Works. This Modified Engineer's Report describes proposed changes to the As Confirmed Final Engineer's Report. Upon adoption of a Ciry Council Resolution approving the proposed change and modification to the scope of work and assessment described herein, and upon acceptance of this "Modified Report" for filing in the office of the City Director of Public Works, this Modified Report and the "Total Amended Assessment Amount" shown on the attached "Exhibit A, Table A II, Amended Assessment Roll" will be the amount of the unpaid assessment for which Ciry Improvement bonds will be issued. The AD 93-3 changes described in this Modified Engineer's Report sections "A" and "B" are summarized as follows: • Section A, Change and Modification No. 1 - Modified Engineer's Report Section A describes all of the changes in the improvement costs, additions/modifications to the scope of work and modifications to the improvement and assessment proceeding incidental costs 29149HRPT -1- 10/27/94 and contingency that have occurred since the Engineer's Report was approved on June 29, 1994. All of the changes in work and cost have been analyzed and the "As Confirmed" parcel assessment amounts recalculated in proportion to each parcel's benefit from the as modified scope of improvements to be constructed and/or acquired pursuant to the AD 93-3 proceedings. The "Modified Assessment" cost share spread to each parcel has been calculated based on the Assessment Spread Method described in the As Confirmed Final Engineer's Report and as modified herein, and on the configuration of each benefited and assessed AD 93-3 parcel as of the June 29, 1994, date of adoption for the above-referenced Resolution No. 99-94. This provides straightforward comparison of how each of the changes described below affects the amount originally confirmed to assessment for every parcel in AD 93-3. • Section B, Assessment and Diagram Amendment No. 1 - On September 28, 1994, a Certificate of Compliance was recorded as Document No. 141928 that approved Parcel Map Waiver No. 5-94 ("PMW 5-94"). The result of that action was to merge and resubdivide the four parcels in AD 93-3 identified as Assessments 1, 2, 4, and 5. Assessment and Diagram Amendment No. 1 follows the procedures set forth in the California Streets and Highways Code for the apportionment of an existing assessment amount from a parcel that has been subdivided to the new lots or parcels created by its subdivision. The modified assessment amounts for existing Assessments 1, 2, 4, and 5 created by the Section A Change and Modification No. 1 assessment recalculations are the existing assessment amounts that are apportioned in Section B of this Modified Engineer's Report to the new PMW 5-94 parcels that are assigned Amended Assessment Numbers 6 through 10 on the "Amended Assessment Diagram, AD 93-3 Assessment and Diagram Amendment No. 1" that is on file with the City Clerk and attached hereto in reduced form and incorporated herein by reference as Modified Engineer's Report Appendix A. A. CHANGE AND MODIFICATION NO. 1 1. Updated Engineer's Estimate of City Construction Project Since the Final Engineer's Report for AD 93-3 was approved by the City Council on June 29, 1994, and since the final assessments recorded on July 1, 1994, the engineer retained by the City to prepare the improvement plans for the City Construction Project (Ron Ruettgers Civil Engineers) has completed those plans and revised the cost estimate for the City Construction Project portion of the AD 93-3 improvements to be constructed. The revised cost estimate prepared by Ruettgers Engineering, dated September 22, 1994, and updated by the City on October 26, 1994, is attached as Appendix B to this Modified Engineer's Report and incorporated herein by reference. That cost estimate incorporates the updated cost estimate for frontage improvements on the north side of California Avenue between Oak Street and the to-be-relocated westbound California Avenue to northbound Freeway 99 on-ramp, and the cost estimate of the to-be-relocated westbound California Avenue to northbound Freeway 99 on-ramp. The construction plans and updated cost estimate for those improvements 29149HRPT -2- 11/9/94 were prepared by the CalOak design engineer, Martin-McIntosh Civil Engineers and Land Surveyors (the "Subdivision Engineer"). The updated improvement cost estimate amounts, grouped to reflect various portions of the Ciry Construction Project (as defined in the .Final Engineer's Report for AD 93-3) are presented in Exhibit B, Table B-III of this Modified Engineer's Report. 2. Change in the Scope of Work for the City Construction Project The following improvements were originally (in the Final Engineer's Report for AD 93-3) a part of the CalOak Acquisition Project. As decided by the City Public Works Department, the improvements described below are now apart of the Ciry Construction Project: a. California Avenue Widening Improvements: Street improvements on the north side of California Avenue between Oak Street and the to-be-relocated westbound California Avenue to northbound Freeway 99 On-ramp; and b. California Avenue Widening Improvements: The relocation and modification of the existing traffic signal at the northwest quadrant of the California Avenue and Oak Street intersection. See the attached Modified Exhibit B, Table B-II for details. 3. Change in the Scope of Work for the CalOak Acquisition Project a. Private Utility Relocation: The work to relocate and/or place underground certain existing overhead power lines owned by PG&E, which are within the limits of the proposed California Avenue widening improvements along the CalOak property frontage, is more particularly described by the Ciry as follows: Undergrounding of electrical lines along California Avenue from Oak Street to the private street that is planned to be developed opposite the relocated northbound off-ramp, including the undergrounding of the electrical service across California Avenue to the Chevron station. b. Water System Improvements for ownership by California Water Service Company (a regulated private utility company, hereafter referred to as "CalWater"): The following improvements, as described by the Ciry Public Works Department, are added to the scope of improvements to be acquired: From a point of connection to an existing 12" Cal Water line at the north property line of district and within the limits of PMW 5-94, install 12" and 6" diameter water service lines, gate valves, three fire hydrant stubs to provide water service and fire protection to AD 93-3 original Assessments 2, SA, SB, and SC, which are the only parcels benefited by those improvements. 29149HRPT -3- 10/27/94 The estimated cost of the CalWater Water System Improvements is spread to the above-stated benefited parcels in direct proportion to parcel assessable areas. See Modified Exhibit B, Tables B-I and B-II for details. 4. Modified Lnprovement Incidental Cost and Improvement Contingency a. City Construction Project: Upon instructions from the City, the Improvement Incidental Cost has been modified based on the updated engineer's estimate for the Ciry Construction Project. Details are presented in the attached Exhibit B, Table B-III of this Modified Engineer's Report. b. Improvement Plans Prepared by CalOak and to Be Acquired by the Ciry: -The updated itemized estimate of incidental (engineering) cost for the improvement plans prepared by CalOak and to be acquired by the City is presented in Exhibit B, Table B-V of this Modified Engineer's Report. As confirmed by the Ciry, all parcels in the district are affected by changes in certain items of the engineering cost, except for the increase of $3,000.00 in "Utility Plans," which is for the design of water system improvements and affects only existing Assessments 2 and 5 (precisely SA, SB, and SC). 5. Modified Assessment Proceeding Incidental Cost and Expense The estimated "Assessment Proceeding Incidental Cost and Expense" has been modified to reflect changes in the total cost of several items of work included under this incidental cost category. These cost changes represent the additional cost of necessary work performed in processing this Change and Modification No. 1. These costs are apportioned in the same manner as in the Final Engineer's Report, in direct proportion to the subtotal cost to assessment (cost of improvements to be constructed and/or acquired, improvement incidentals, contingencies, rights-of--way and easements) for all three project benefit group cost shares that are funded by AD 93-3. See Exhibit B, Table B-I of this Modified Engineer's Report for details. 29149HRPT -4- 10/27/94 Pursuant to changes, modifications and/or additions described above, the assessment amounts on the Existing Assessments 1 through 5 are modified as follows: I. Confirmed Assessment as Recorded July 1, 1994: Total Cost to 1915 Act Existing Bond Issuance Assessment (Cash Payment Number Amount) 1915 Act Bond Issuance Total Cost and Confirmed Reserve Assessment 1 $356,076.77 $87,604.96 $443,681.73 2 $74,853.97 $18,416.19 $93,270.16 3 $89,217.14 $21,949.94 $111,167.08 4 $11,961.85 $2,942.95 $14,904.80 5 $862,722.17 $212,254.06 $1,074,976.23 Totals: $1,394,831.90 $343,168.10 $1,738,000.00 II. Cash Payment Collections During the 30-day Cash Payment Period After the Recordation of Assessment on July 1, 1994: Total Cost Amount Paid 1915 Act to 1915 Act During Bond Issuance Existing Bond Issuance the 30-day Cost and Reserve Assessment (Cash Payment Cash Payment on Unpaid Unpaid Number Amount) Period Assessments Assessment 1 $356,076.77 $0.00 $87,604.96 $443,681.73 2 $74,853.97 $0.00 $18,416.19 $93,270.16 3 $89,217.14 $89,217.14 N/A $0.00 4 $11,961.85 $0.00 $2,942.95 $14,904.80 5 $862,722.17 $0.00 $212,254.06 $1,074,976.23 Totals: $1,394,831.90 $89,217.14 $321,218.16 $1,626,832.92 As shown above, only the owner of Assessment 3 (Taco Bell Corporation) has paid-off the assessment amount in full during the 30-day cash payment period after the recordation of assessment on July 1, 1994. 29149HRPT -5- 11/9/94 III. Total Cost to 1915 Act Bond Issuance (Excluding 1915 Act Bond Issuance Cost and Reserve) per Change and Modification No. 1: Amount of Total Cost Amount Paid Excess to 1915 Act Per Payment Existing Bond Issuance Assessment (to be Reimbursed Assessment per Change and Recorded to Property Number Modification No. 1 July 1, 1994 Owners) 1 $296,027.24 $0.00 $0.00 2 $74,719.10 $0.00 $0.00 3 $82,049.18 $89,217.14 ($7,167.96) 4 $9,790.24 $0.00 $0.00 5 $864,825.29 $0.00 $0.00 Totals: $1,327,411.05 $89,217.14 ($7,167.96) As shown above, the Total Amount to 1915 Act Bond Issuance per Change and Modification No. 1 ($1,327,411.05) is less than the Total Amount to 1915 Act Bond Issuance as recorded July 1, 1994 ($1,394,831.90, shown in Tables I and II). Also the corresponding individual amounts for each existing Assessment are less than originally confirmed. Since the owner of Assessment 3 has paid the entire assessment amount in full ($89,217.14) during the 30-day cash collection period for the original, confirmed assessment, and because the Total Cost to 1915 Act Bond Issuance for Assessment 3 per Change and Modification No. 1 ($82,049.18) is less than the amount already collected by the City, the owner of the Existing Assessment 3 (Taco Bell Corporation) shall be reimbursed the $7,167.96 Amount of Excess Payment, shown in the above table. IV. Total Assessment Amount per Change and Modification No. 1: Total Cost 1915 Act Total to 1915 Act Cash Bond Issuance Assessment Amount Collections Cost and Amount Existing Bond Issuance Applied Reserve per per Assessment per Change and as Change and Change and Number Modification No. 1 Credits Modification No. 1 Modification No. 1 1 $296,027.24 $0.00 $64,569.42 $360,596.66 2 $74,719.10 $0.00 $16,297.72 $91,016.82 3 $82,049.18 ($82,049.18) $0.00 $0.00 4 $9,790.24 $0.00 $2,135.45 $11,925.69 5 $864,825.29 $0.00 $188,635.54 $1,053,460.83 Totals: $1,327,411.05 ($82,049.18) $271,638.13 $1,517,000.00 29149HRPT -6- 11/9/94 V. Comparison Between the Total Assessment Amount as Confirmed June 29, 1994 and the Total Assessment Amount per Change and Modification No. 1, for the Unpaid Assessments (Assessment Nos. 1, 2, 4, and 5): Total Total Assessment Assessment Adjustments Amount Amount per per Existing as Change and Change and Assessment Confirmed Modification Modification Number June 29, 1994 No. 1 No. 1 1 $443,681.73 ($83,085.07) $360,596.66 2 $93,270.16 ($2,253.34) $91,016.82 4 $14,904.80 ($2,979.11) $11,925.69 5 $1,074,976.23 ($21,515.40) $1,053,460.83 Totals: $1,626,832.92 ($109,832.92) $1,517,000.00 Exhibit C of this Modified Engineer's Report, entitled "Engineer's Summary of Individual Assessments", presents a detailed calculation of modified individual assessments under the subtitle: "Individual Assessment Tabulation per Change and Modification No. 1". VI. Modified Statement of Total Assessment All of the updated costs described above, including the estimated " 1915 Act Bond Issuance Cost and Reserve" amounts shown in the subparagraph IV table, have been incorporated into the following table entitled "Modified Statement of Total Assessment." This "Modified" table shows the changes to each item of the cost and contributions that are shown in the table on page III-3 of the Final Engineer's Report that is entitled "Statement of Total Assessment" for AD 93-3. 29149HRPT -7- 11/9/94 MODIFIED STATEMENT OF TOTAL ASSESSMENT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA OAK) Confirmed Assessment Assessment Amount Amount As Modified A. Cost of Improvements to be Constructed: 1. City Construction Project $ 1,231,415.00 $ 1,575,068.00 2. CalOak Acquisition Project $ 0.00 $ 0,00 3. Caltrans Construction Project $ 156,000.00 $ 156.000.00 4. Subtotal $ 1,387,415.00 $ 1,731,068.00 B. Cost of Improvements to be Acquired: 1. City Construction Project $ 0.00 $ 0.00 2. CalOak Acquisition Project $ 336,078.00 $ 217,699.78 3. Caltrans Construction Project $ 0.00 $ 0.00 4. Subtotal $ 336,078.00 $ 217,699.78 C. Total Estimated Improvement Construction and Acquisition Cost $ 1,723,493.00 $ 1,948,767.78 D. Improvement Incidentals $ 401,455.65 $ 495,765.25 E. Improvement Contingency $ 86.141.00 $ 157,506.80 F. Total Estimated Cost of Improvements Incidentals and Contingency $ 2,211,089.65 $ 2,602,039.83 G. Right-of--Way and Easements Acquisition $ 135,051.35 $ 110,000.00 H. Total Estimated Cost of Improvements and of Right-of--way and Easements Acquisitions $ 2,346,141.00 $ 2,712,039.83 I. Less Contributions 1. City $ (1,059,013.93) $ (1,503,161.67) 2. CalOak Development Properties $ 10.00) $ (0.00) 3. Subtotal $ (1,059,013.93) $ (1,503,161.67) J. Subtotal Cost to Assessment After Contributions $ 1,287,127.07 $ 1,208,878.16 K. Assessment Proceeding Cost $ 107,704.83 $ 118.532.89 L. Subtotal Cost to 1915 Act Bond Issuance $ 1,394,831.90 $ 1,327,411.05 M. Less Cash Payment of Assessment No. 3 N/A $ (82,049.18) N. Total Cost to 1915 Act Bond Issuance After Cash Payments $ 1,394,831.90 $ 1,245,361.87 O. Bond Issuance Cost and Reserve $ 343,168.10 $ 271,638.13 P. Subtotal $ 1,738,000.00 $ 1,517,000.00 Q. Project Assessment Contingency $ 0.00 $ 0.00 R. Total Estimated Assessment $ 1,738,000.00 $ 1,517,000.00 29149flRPT -8- 11/9/94 VII. Amended Assessment Roll Re: Change and Modification No. 1 The attached Exhibit A, Table A I, Amended Assessment Roll Re: Change and Modification No. 1, presents the total amount of confirmed assessment that was recorded as a separate lien against each of the listed parcels when the AD 93-3 Notice of Assessment was recorded on July 1, 1994, as Document No. 102110, of Official Records of the Kern County Recorder. Table A I also lists the amount of each parcel's "Amended Assessment Per Change and Modification No. 1. " The amended Assessment amount for Assessment 3 is $0.00, because the property owner paid the full amount of the originally Confirmed Assessment during the 30-day statutory cash payment period that ended on July 31, 1994. As stated above in subparagraph III, the property owner will be reimbursed the difference between the "As Confirmed" Total Cost to 1915 Act Bond Issuance and the "As Modified" Total Cost to 1915 Act Bond Issuance. B. ASSESSMENT AND DIAGRAM AMENDMENT NO. 1 _ As stated above, Existing Assessments 1, 2, 4, and 5 have been amended by PMW 5-94 recorded September 28, 1994, creating 5 new parcels. Existing Assessment 3 is not a part of PMW 5-94. Parcels 1 through 5 in PMW 5-94 are assigned new Assessment Numbers 6 through 10, respectively. Existing Assessments 1, 2, 4, and 5 are deleted from the Assessment Roll for AD 93-3. Because the final configuration of PMW 5-94 was known at the time of the preparation of the Final Engineer's Report for AD 93-3, the assessment spread was structured so that the assessments for this new configuration are easily determined. The following table presents a recapitulation of how the modified amounts for Assessments 1, 2, 4, and 5 are apportioned to new Assessments 6 through 10 that are the new PMW 5-94 parcels: New Assessment Existing Assessment Numbers and/or Portions of Existing Numbers Assessment Numbers Forming New Assessment Numbers 6 2, SE 7 SC 8 SB 9 SA 10 1, 4, SD Exhibit C of this Modified Engineer's Report, entitled "Engineer's Summary of Individual Assessments", presents a detailed calculation of amended individual assessments under the subtitle: "Individual Assessment Tabulation per Assessment and Diagram Amendment No. 1 (Apportionment No. 1)". Modified Engineer's Report Exhibit A, Table A II, Amended Assessment Roll Re: Assessment and Diagram Amendment No. 1, states the Total Amended Assessment Amount that is 29149SRPT -9- 10/27/94 apportioned to each of the five new parcels created by PMW 5-94 (Amended Assessments 6 through 10). The Total Amended Assessment Amount in Exhibit A, Table A-II is equal to the Total Amended Assessment Per Change and Modification No. 1 shown on Exhibit A, Table A I and is also equal to the total par amount of AD 93-3 1915 Act Bonds proposed to be issued by the Ciry. Accordingly, Exhibit A, Table A-II is also the List of Unpaid Assessments for AD 93-3. Originally filed in the office of the City Clerk on November 4, 1994, and updated Modified Report filed in the Office of the Ciry Clerk on November 10, 1994, by: Raul'M. Rojas, Pub~Works .Director and Engineer of Work Assessment District No. 93-3 City of Bakersfield 29149HRPT -10- 11/9/94 t~ 1111 ~ ._ _ '~ ~~ r l _ - 'I - :~ MODIFIED ENGINEER'S REPORT 'I ~~ I CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA OAK). 1 ~ CHANGE AND MODIFICATION NO. 1 ~ ~, ' ~ AND i , ~ ASSESSMENT AND DIAGRAM AMENDMENT N0.1 - , ,, j~ EI~IIBIT A TABLE A-I AMENDED. ASSESSMENT ROLL ' } RE: CHANGE AND MODIFICATION NO. 1 J TABLE A n AMENDED ASSESSMENT ROLL RE: ASSESSMENT AND DIAGRAM if ~ :.1 AMENDMENT. NO. 1 J ~` 1~ .~ ~~ ~, EXHIBIT A TABLE A-I MODIFIED ENGINEER'S REPORT CHANGE AND MODIFICATION NO. 1 CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.93-3 (CALIFORNIA-OAK) AMENDED ASSESSMENT ROLL RE: CHANGE AND MODIFICATION NO.1 AMENDED ASSESSMENT CONFIRMED PER ASSESSMENT CHANGE AND ASMT APN/ RECORDED MODIFICATION NO. PARCEL DESCRIPTION OWNER'S NAME JULY 1, 1994 NO. 1 1 332-256-32-00-8 CALOAK DEVELOPMENT PROPERTIES $443,681.73 $360,596.66 2 332-256-33-00-1 CALOAK DEVELOPMENT PROPERTIES $93,270.16 $91,016.82 3 332-256-34-00-4 TACO BELL CORPORATION $111,167.08 $0.00 4 332-256-35-00-7 CALOAK DEVELOPMENT PROPERTIES $14,904.80 $11,925.69 5 332-256-36-00-0 CALOAK DEVELOPMENT PROPERTIES $1,074,976.23 $1,053,460.83 $1,738,000.00 $1,517,000.00 NOTES: 1. FOR A DETAILED DESCRIPTION OF THE LINES, DIMENSIONS AND LOCATIONS OF ASSESSMENTS 1 THROUGH 5 REFERENCE THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 366, RECORDED NOVEMBER 9,1993, IN BOOK 6939, AT PAGE 27, AS DOCUMENT N0.165506, IN THE OFFICE OF THE KERN COUNTY RECORDER. 2. ASSESSMENT 3 HAS BEEN PAID IN FULL DURING THE 30-DAY CASH PAYMENT PERIOD FOLLOWING THE RECORDATION OF ORIGINAL ASSESSMENT CONFIRMED JULY 1, 1994. THE AMOUNT TO 1915 ACT BOND ISSUANCE (BEFOREBONDISSUANCECOSTANDRESERVE)APPORTIONEDTOASSESSMENT3PURSUANT TO CHANGE AND MODIFICATION NO. 1 IS LESS THAN THE AMOUNT ALREADY PAID BY THE OWNER OF ASSESSMENT 3 DURING THE ABOVE DESCRIBED CASH PAYMENT PERIOD. THEREFORE, THE AMENDED ASSESSMENT AMOUNT PER CHANGE AND MODIFICATION NO. 1 FOR ASSESSMENT 3 IS ZERO. THE OWNER OF ASSESSMENT 3 WILL BE REIMBURSED THE DIFFERENCE BETWEEN THE AMOUNT TO 1915 ACT BOND ISSUANCE PER CONFIRMED ASSESSMENT AND THE AMOUNT TO 1915 ACT BOND ISSUANCE PER CHANGE AND MODIFICATION NO. 1. SEE MODIFIED ENGINEER'S REPORT FOR ASSESSMENT DISTRICT 93-3 FOR THE EXACT AMOUNT. - ~~,~ ^ . , J- PREPARED BY: WILSON AND ASSOCIATES APPROVED: EDWARD J. WILSON, R. _- ~~- - :;1 ... ~ "~. 23289 cY,r^^. t'2-x!(-97 '~•w.~crvi~ ~~Q ~ ~ v~W~ DATE: `~ \ - l - 29149EXA A-I-1 11 /09/94 EXHIBIT A TABLE A-II MODIFIED ENGINEER'S REPORT CHANGE AND MODIFICATION NO. 1 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) AMENDED ASSESSMENT ROLL AMENDING EXISTING ASSESSMENTS 1, 2, 4, AND 5 AND ADDING NEW ASSESSMENTS 6 THROUGH 10 CREATED BY RECORDATION OF A CERTIFICATE OF COMPLIANCE FOR PARCEL MAP WAIVER N0.5-94 RE: ASSESSMENT AND DIAGRAM AMENDMENT NO. 1 TOTAL AMENDED AMENDED PARCEL AMENDED ASMT AMENDED PROPERTY OWNER ASSESSMENT NUMBER PARCEL DESCRIPTION NAME AMOUNT PARCEL MAP WAIVER 5-94 (PMW 5-94) SUBDIVIDES ALL OF EXISTING ASSESSMENTS 1, 2, 4, AND 5, CREATED BY ORIGINAL ASSESSMENT FORA. D. 93-3, INTO FIVE PARCELS (PARCELS 1 THROUGH 5 IN PMW 5-94). PARCELS 1 THROUGH 5 IN PMW 5-94 ARE ASSIGNED NEW ASSESSMENT NUMBERS 6 THROUGH 10, RESPECTIVELY. THE ASSESSMENT PRINCIPAL AMOUNTS PER CHANGE AND MODIFICATION NO. 1 FOR EXISTING ASSESSMENTS 1, 2, 4, AND 5 ARE $360,596.66, $91,016.82, $11,925.69, AND $1,053,460.83, RESPECTIVELY. THE TOTAL PRINCIPAL AMOUNTS FOR EXISTING ASSESSMENTS 1, 2, 4, AND 5 ARE APPORTIONED TO PARCELS 1 THROUGH 5 IN PMW 5-94. THE TOTAL ASSESSMENT AMOUNT APPORTIONED TO EACH PARCEL IS SHOWN UNDER THE COLUMN ENTITLED "TOTAL AMENDED ASSESSMENT AMOUNT." EXISTING ASSESSMENTS 1, 2, 4, AND 5 ARE DELETED FROM THE ASSESSMENT ROLL FOR ASSESSMENT DISTRICT NO. 93-3. 33a- as ~ 6 PMW 5-9 PARCEL 1 y~ CALOAK DEVELOPMENT PROPERTIES $93,46T,60 7 PMW 5-94 PARCEL 2 3~ CALOAK DEVELOPMENT PROPERTIES $270,675.35 8 PMW 5-94 PARCEL 34~ CALOAK DEVELOPMENT PROPERTIES $233,951.62 9 PMW 5-94 PARCEL 4~F ~ CALOAK DEVELOPMENT PROPERTIES $544,797.58 10 PMW 5-94 PARCEL 5 ~3 CALOAK DEVELOPMENT PROPERTIES $374,107.85 NOTE: $1,517,000.00 FOR A DETAILED DESCRIPTION OF THE LINES, DIMENSIONS AND LOCATIONS OF ASSESSMENTS 6 THROUGH 10 REFERENCE THE CERTIFICATE OF COMPLIANCE FOR PARCEL MAP WAIVER 5-94, RECORDED SEPTEMBER 28,1994, AS DOCUMENT N0.141928, IN THE OFFICE OF THE KERN COUNTY RECORDER. PREPARED BY: `~~~01 ~y, ~ ~~, WILSON AND ASSOCIATES ~ a "~s ~ ~ N0.232al~J ~' `~ APPROVED: ~ J ~ ~ ~ EXP. lt-il-~t~ E: ~' _C~ EDWARD J. WILSON, R.C.E. 23269 (EXP ~ ~P ~ CANE 29149EA A-II-1 11/09/94 ~~ ,111 ~ t i ~'i MODIFIED ENGINEER'S REPORT `~ CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 ~I _ r ~ (CALIFORNIA OAK) ' ~ CHANGE AND MODIFICATION NO. 1 AND ASSESSMENT AND DIAGRAM AMENDMENT NO. 1 ~I ll 1 EX~IIBIT B ,~ 1 TABLE B-I ENGINEER'S ESTIMATE OF TOTAL COST AND J ASSESSMENT ~~ 1 TABLE B-II ENGINEER'S ESTIMATE OF TOTAL COST AND ~) ASSESSMENT BY PROJECT AND ASSESSMENT CATEGORY J TABLE B-III ENGINEER'S ITEMIZED ESTIMATE OF IlVIPROVEMENT COST, CITY CONSTRUCTION PROJECT } TABLE B-IV DELETED. DATA SHOWN IN TABLE B- F T IV O HE AS CONFIRMED ENGINEER'S REPORT IS NOW INCLUDED l IN MODIFIED ENGINEER'S REPORT TABLE B-III ,) TABLE B-V ITEMIZED ESTIMATE OF INCIDENTAL (ENGINEERING) COST FOR THE IlVIPROVEMENT PLANS PREPARED BY CALOAK AND TO BE ACQUIRED BY THE CITY .,_l i i EXHIBIT B TABLE B-I MODIFIED ENGINEER'S REPORT CHANGE AND MODIFICATION NO.1 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) ENGINEER'S ESTIMATE OF TOTAL COST AND ASSESSMENT AMENDED ASSESSMENT CONFIRMED PER ASSESSMENT CHANGE AND RECORDED MODIFICATION ~' ACTIVITY DESCRIPTION JULY 1, 1994 NO. 1 (Note: See Tables B-II, B-III, and B-V for Improvement System Cost Details) 1. STREET SYSTEM IMPROVEMENTS (1-1 ). CALIFORNIA AVENUE WIDENING IMPROVEMENTS A. CITY SHARE I. California Avenue street improvements between Oak Street and $652,863.00 $1,014,466.00 Real Road II. Traffic signal at the intersection of California Avenue, Freeway 99 $40,000.00 $40,000.00 .off-ramp and access to the CalOak site (50% of the total cost) III. SUBTOTAL CITY SHARE $692,863.00 $1,054,466.00 B. AD 93-3 SHARE I. California Avenue street frontage improvements between Oak Street $90,078.00 $60,811.00 and the Westbound California Avenue to Freeway 99 on-ramp I I. Traffic signal at the intersection of Califomia Avenue, Freeway 99 $40,000.00 $40,000.00 ~ off-ramp and access to the CalOak site (50% of the total cost) 4 III. Traffic signal at the intersection of Califomia Avenue and Oak Street $20,000.00 $20,000.00 (100% of the total cost) ( IV. SUBTOTAL AD 93-3 SHARE . _ ~ $150,078.00 ~~ 5120,811.00 C. TOTAL CALIFORNIA AVENUE WIDENING IMPROVEMENTS $842,941.00 $1,175,277.00 (1-2). FREEWAY 99 ON-RAMP AND OFF-RAMP RELOCATION AND MODIFICATION A. CITY SHARE I. Eastbound Califomia Avenue to Northbound Freeway 99 loop part of Item 1.(1-1).A.I, part of Item 1.(1-1).A.I. ` on-ramp modification II. Northbound Freeway 99 to Califomia Avenue off-ramp modification part of Item 1.(1-1).A.I. part of Item 1.(1-1).A.I. (50% of the total cost) B. AD 93-3 SHARE I. Westbound Califomia Avenue to Northbound Freeway 99 on-ramp $370,000.00 $322,595.00 relocatioNmodification II. Northbound Freeway 99 to Califomia Avenue off-ramp modification $23,491.00 $25,616.00 (50% of the total cost) III. Transitional (merge) lane modification at the top of the loop on-ramp $90,061.00 $51,580.00 to accommodate the on-ramp relocation described under 1.(1-2).B.I., incl. necessary storm drain inlets and MH, specified in Table B-III IV. SUBTOTAL AD 93-3 SHARE $483,552.00 5399,791.00 C. TOTAL FREEWAY 99 ON-RAMP AND OFF-RAMP RELOCATION ____________w 5483,552.00 ______________w_____ 5399,791.00 AND MODIFICATION 291498 B-I-1 11 /09/94 EXHIBIT B TABLE B-I MODIFIED ENGINEER'S REPORT CHANGE AND MODIFICATION NO. 1 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) ENGINEER'S ESTIMATE OF TOTAL COST AND ASSESSMENT AMENDED ASSESSMENT CONFIRMED PER ASSESSMENT CHANGE AND RECORDED MODIFICATION ACTIVITY DESCRIPTION JULY 1, 1994 NO. 1 (Note: See Tables B-I1, B-III, and B-V for Improvement System Cost Details) (1-3). CALTRANS FREEWAY 99 CONSTRUCTION PROJECT A. CITY SHARE $0.00 $0.00 B. AD 93-3 SHARE I. Northbound Freeway 99 bridge widening over the railroad $156,000.00 $156,000.00 (the bridge wedge) C. TOTAL CALTRANS FREEWAY 99 CONSTRUCTION PROJECT $156,000.00 _ $156,000.00 (1 ~). TOTAL STREET SYSTEM IMPROVEMENTS 2. UTILITY COSTS A. CITY SHARE B. AD 93-3 SHARE I. PG & E: relocation and undergrounding of existing lines II. Cal Water III. SoCal Gas IV. SUBTOTAL AD 93-3 SHARE C. TOTAL UTILITY COSTS 3. STORM DRAIN IMPROVEMENTS A. CITY SHARE B. AD 93-3 SHARE (Acquisition only. The storm drain improvements that are a part of the City Construction Project are included in item 1.(1-2).6.111. C. TOTAL STORM DRAIN IMPROVEMENTS 4. SEWER SYSTEM IMPROVEMENTS A. CITY SHARE B. AD 93-3 SHARE C. TOTAL SEWER SYSTEM IMPROVEMENTS 5. PROJECT IMPROVEMENTS SUBTOTAL A. CITY SHARE B. AD 93-3 SHARE C. PROJECT IMPROVEMENTS SUBTOTAL $1,482,493.00 $1,731,088.00 $0.00 $135,000.00 $0.00 $0.00 $135,000.00 $135,000.00 $0.00 $59,326.78 $67,373.00 $0.00 $126,699.78 $128,899.78 $15,000.00 part of Item 1.(1-1).A.I. $70,000.00 $70,000.00 $85,000.00 $70,000.00 part of Item 1.(1-1).A.I. part of Item 1.(1-1).A.I. $21,000.00 $21,000.00 $21,000.00 $21,000.00 $707,863.00 $1,054,466.00 $1,015,630.00 $894,301.78 $1,723,493.00 $1,948,787.78 291498 B-I-2 11 /09/94 EXHIBIT B TABLE B-1 MODIFIED ENGINEER'S REPORT CHANGE AND MODIFICATION NO. 1 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) ENGINEER'S ESTIMATE OF TOTAL COST AND ASSESSMENT " ACTIVITY DESCRIPTION CONFIRMED ASSESSMENT RECORDED JULY 1, 1994 AMENDED ASSESSMENT PER CHANGE AND MODIFICATION NO. 1 " (Note: See Tables B-II, B-III, and B-V for Improvement System Cost Details) 6. PROJECT IMPROVEMENT INCIDENTAL COST A. CITY SHARE $280,364.93 $343,249.07 B. AD 93-3 SHARE C $121,090.72 _ $152,516.18 F C. TOTAL PROJECT IMPROVEMENT INCIDENTAL COST ~. ___________ 5401,455.65 _ M _-Y5495,765.25 7. PROJECT IMPROVEMENT AND INCIDENTAL COST A. CITY SHARE $988,227.93 $1,397,715.07 B. AD 93-3 SHARE $1,136,720.72 $1,046,817.96 C. TOTAL PROJECT IMPROVEMENT AND INCIDENTAL COST 52,124,948.65 ~ 52,444,533.03 8. IMPROVEMENT CONTINGENCY A. CITY SHARE $70,786.00 $105,446.60 B. AD 93-3 SHARE $15,355.00 $52,060.20 C. TOTAL IMPROVEMENT CONTINGENCY 586,141.00 ~ 5157,506.80 9. TOTAL COST OF IMPROVEMENTS, INCIDENTALS AND CONTINGENCY A. CITY SHARE. $1,059,013.93 $1,503,161.67 B. AD 93-3 SHARE s $1,152,075.72 $1,098,878.16 C. TOTAL COST OF IMPROVEMENTS, INCIDENTALS _-- ---- 52,211,089.65 -- _____w_W 52,602,039.83 AND CONTINGENCY i 10. RIGHT-OF-WAY AND EASEMENTS ACQUISITION A. CITY SHARE $0.00 $0.00 B. AD 93-3 SHARE I. Storm drain sump $110,000.00 $110,000.00 II. Caltrans RNV $25,051.35 $0.00 III. SUBTOTAL AD 93-3 SHARE ~M~$135,051.35 M $110,000.00 C. TOTAL COST OF RIGHT-OF-WAY AND EASEMENTS ACQUISITION 5135,051.35 5110,000.00 291496 B-I-3 11 /09/94 EXHIBIT B TABLE B-1 MODIFIED ENGINEER'S REPORT CHANGE AND MODIFICATION NO. 1 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) ENGINEER'S ESTIMATE OF TOTAL COST AND ASSESSMENT AMENDED ASSESSMENT CONFIRMED PER ASSESSMENT CHANGE AND RECORDED MODIFICATION i' ACTIVITY DESCRIPTION JULY 1, 1994 NO. 1 (Note: See Tables B-II, B-III, and B-V for Improvement System Cost Details) 11. TOTAL COST OF IMPROVEMENTS AND OF RIGHT-OF-WAY AND EASEMENTS ACQUISITION , A. CITY SHARE $1,059,013.93 $1,503,161.67 B. AD 93-3 SHARE $1,287,127.07 $1,208,878.16 C. TOTAL COST OF IMPROVEMENTS AND OF $2,348,141.00 w $2,712,039.83 RIGHT-OF-WAY AND EASEMENTS ACQUISITION 12. CONTRIBUTIONS A. CITY SHARE B. AD 93-3 SHARE C. TOTAL CONTRIBUTIONS 13. SUBTOTAL COST TO ASSESSMENT AFTER CONTRIBUTIONS A. CITY SHARE B. AD 93-3 SHARE C. SUBTOTAL COST TO ASSESSMENT AFTER CONTRIBUTIONS 14. ESTIMATED ASSESSMENT PROCEEDING INCIDENTAL COST AND EXPENSE A. ASSESSMENT ENGINEER B. BOND COUNSEL C. APPRAISER D. BOND ISSUANCE EXPENSES 1. Bond and other printing 2. Bond administration & registration 3. Legal publications, notices, recording and mailing 4. Auditor's record 5. CDAC, MSRB, PSA fees 6. Disclosure counsel E. ENVIRONMENTAL APPROVAL PROCESSING F. MISCELLANEOUS ASSESSMENT PROCEEDING EXPENSES G. TOTAL ESTIMATED ASSESSMENT PROCEEDING INCIDENTAL COST AND EXPENSE 15. SUBTOTAL COST TO 1915 ACT BOND ISSUANCE ($1,059,013.93) ($1,503,161.67) $0.00 $0.00 ($1,059,013.93) ($1,503,181.87) $0.00 $0.00 $1,287,127.07 $1,208,878.16 $1,287,127.07 $1,208,878.16 $19,200.00 $27,700.00 $30,415.00 $30,415.00 $6,500.00 $6,160.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $295.46 $257.89 $20,000.00 $22,500.00 $0.00 $0.00 $11,794.37 $12,000.00 $107,704.83 $118,532.89 $1,394,831.90 $1,327,411.05 291496 B-I-4 11 /09/94 EXHIBIT B TABLE B-I MODIFIED ENGINEER'S REPORT CHANGE AND MODIFICATION NO. 1 CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.93-3 (CALIFORNIA-OAK) ENGINEER'S ESTIMATE OF TOTAL COST AND ASSESSMENT AMENDED ASSESSMENT CONFIRMED PER ASSESSMENT CHANGE AND RECORDED MODIFICATION ACTIVITY DESCRIPTION JULY 1, 1994 NO. 1 (Note: See Tables B-II, B-III, and B-V for Improvement System Cost Details) 16. LESS CASH PAYMENTS OF ASSESSMENT N0.3 N/A ($82,049.18 17. TOTAL COST TO 1915 ACT BOND ISSUANCE AFTER CASH PAYMENTS $1,394,831.90 $1,245,361.87 18. 1915 ACT BOND ISSUANCE COST AND RESERVE A. BOND DISCOUNT $25,983.10 $22,679.15 B. CAPITALIZED INTEREST (including the adjustment for the rounding) $143,385.00 $97,258.98 C. BOND RESERVE FUND $173,800.00 $151,700.00 D. TOTAL 1915 ACT BOND ISSUANCE COST AND RESERVE $343,168.10 $271,838.13 19. TOTAL AMOUNT ASSESSED TO BONDS $1,738,000.00 $1,517,000.00 20. PROJECT ASSESSMENT CONTINGENCY $0.00 $0.00 21. TOTAL ESTIMATED ASSESSMENT $1,738,000.00 $1,517,000.00 22. AMENDED ASSESSMENT SOURCES AND USES OF FUNDS A. SOURCES OF FUNDS 1. Bond proceeds $1,517,000.00 2. Cash payments already received (Assessment No. 3) $82,049.18 3. Total sources of funds $1,599,049.18 B. USES OF FUNDS 1. Total cost to 1915 Act bond issuance $1,327,411.05 (Total cost of improvements, right-of--way and easements acquisition, and of assessment proceeding incidental cost and expense, after contributions) 2. 1915 Act bond issuance cost and reserve $271,638.13 3. Total uses of funds $1,599,049.18 * NOTE: See pages 5 and 6 of this Modified Engineer's Report for a detailed description on the amount paid by the owner of Assessment 3. Assessment 3 has been paid in full during the 30-day cash payment period following the recordation of Confirmed Assessment on July 1, 1994. The amount shown above ($82,049.18) is the amount needed to reduce the modified assessment amount for Assessment 3 to zero. Since this amount is less than the amount paid by Assessment 3 property owner pursuant to originally confirmed assessment amount, the owner of Assessment 3 will be reimbursed the amount overpaid, as described in this Modified Engineer's Report page 6. 291496 B-I-S 11 /09/94 1. STREET SYSTEM IMPROVEMENTS (1-1). CALIFORNIA AVENUE WIDENING IMPROVEMENTS I. Califomia Avenue street improvements beiween Oak Street and Real Road II. Traffic signal at the intersection of Califomia Avenue, Freeway 99 off-ramp and access to the CalOak site III. Califomia Avenue street frontage improvements between Oak SUeet and the Westbound Califomia Avenue to Freeway 99 on-ramp IV. Traffic signal at the intersection of Califomia Avenue and Oak Street TOTAL CALIFORNIA AVENUE WIDENING IMPROVEMENTS (1-2). FREEWAY 99 ON-RAMP AND OFF-RAMP RELOCATION AND MODIFIC. I. Eastbound Califomia Avenue to Northbound Freeway 99 loop on-ramp modification II. Westbound Califomia Avenue to Northbound Freeway 99 on-ramp relocatioNmodification III. Northbound Freeway 99 to Califomia Avenue off-ramp modification IV. Transitional (merge) lane modification at the top of the loop on-ramp to accommodate the on-ramp relocation desuibed under 1.(1-2).I. TOTAL FREEWAY 99 ON-RAMP AND OFF-RAMP RELOCATION AND MODIFICATION (1-3). CALTRANS FREEWAY 99 CONSTRUCTION PROJECT I. Northbound Freeway 99 bridge widening over the railroad (the bridge wec TOTAL CALTRANS FREEWAY 99 CONSTRUCTION PROJECT (1-a). TOTAL STREET SYSTEM IMPROVEMENTS 2. UTILITY COSTS I. PG & E: relocation and undergrounding of existing lines II. Cal Water III. SoCal Gas TOTAL UTILITY COSTS 3. STORM DRAIN IMPROVEMENTS TOTAL STORM DRAIN IMPROVEMENTS OJECT COMBINED GRAND TOTAL AD 93-3 SHARE J CONSTRUCTION ACQUISITION CONSTRUCTION ACQUISITION TOTAL 1 so.oo So.oo 51,o1a,ass.oo ~ So.oo 31,o1a,ass.oo 1 54a,ooo.oo So.oO 560,000.00 30.00 Sso,ooo.oo 1 560,811.00 50.00 360,811.00 30.00 360,811.00 1 520,000.00 50.00 520,000.00 30.00 520,000.00 I 5720,811.00 S0.00 51,175,277:00 - 50.00 51,175,277.00 i 50.00 3o.ao 3o.ao So.oo So.oo i E322,595.00 50.00 5322,595.00 50.00 3322,595.00 ~ S25,s16.00 30.00 E25,61s.00 50.00 525,616.00 551,580.00 50.00 551,580.00 50.00 551,580.00 ~ 5399,791.00 50.00 5399,791.00 50.00 5399,791.00 sts6,oao.ao So.oo 5156,000.00 30.00 51ss,ooo.oo 5156,000.00 50.00 5156,000.00 50.00 5156,000.001 5676,602.00 50.00 51,731,068.00 50.00 57,731,068.00 50.00 559,326.78 50.00 559,326.78 559,326.78 50.00 567,373.00 50.00 567,373.00 567,373.00 so.oo w.oo So.oo so.oo 50.00 50.00 5126,699.76 ~ 50.00 5126,699.78 5126,699.78 part of Item 1.(1-2).N. 570,000.00 SD.00 570,000.00 370,000.00 50.00 S70,000.OOi 50.00 570,000.00 S70,000.001 2914982 ~ 11/09/94 EXHIBIT B TABLE B-111 MODIFIED ENGINEER'S REPORT CHANGE AND MODIFICATION N0.1 CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.93-3 (CALIFORNIA-OAK) ENGINEER'S ITEMIZED ESTIMATE OF IMPROVEMENT COST CITY CONSTRUCTION PROJECT TOTAL CITY CITY AD 93-3 CONSTRUCTION ITEM SHARE SHARE PROJECT A. IMPROVEMENTS 1. California Avenue street improvements between Oak Street and $1,014,466.00 $0.00 $1,014,466.00 Real Road (excluding CalOak site frontage) 2. California Avenue street frontage improvements between Oak Street $0.00 $60,811.00 $60,811.00 and the Westbound California Avenue to Freeway 99 on-ramp 3. Traffic signal at the intersection of California Avenue, Freeway 99 $40,000.00 $40,000.00 $80,000.00 off-ramp and access to the CalOak site 4. Traffic signal at the intersection of California Avenue and Oak Street $0.00 $20,000.00 $20,000.00 5. Eastbound California Avenue to Northbound Freeway 99 loop part of Item A.1 $0.00 N/A on-ramp modification 6. Westbound California Avenue to Northbound Freeway 99 on-ramp $0.00 $322,595.00 $322,595.00 relocation/modification (C-6) 7. Northbound Freeway 99 to California Avenue off-ramp modification (C-4) part of Item A.1 $25,616.00 $25,616.00 8. Transitional (merge) lane modification at the top of the loop on-ramp $0.00 $51,580.00 $51,580.00 to accommodate the on-ramp relocation described under item 6, includin necessa storm drain inlets and MH C-2 B. TOTAL IMPROVEMENT COST CITY CONSTRUCTION PROJECT ;1,054,488.00 ;520,802.00 ;1,575,008.00 C. IMPROVEMENT INCIDENTALS 1. ENGINEERING (Per Ruettgers Eng. estimate) a. For Items A.1, A.3, A.4, A.5, and A.7 (Per Ruettgers Eng. estimate) $227,257.81 $30,249.96 $257,507.77 b. For Items A.2 and A.6 (listed as a part of Acquis. Incid. Cost; see Table B-V) $0.00 $0.00 $0.00 2. CONSTRUCTION STAKING (4% of Item B) $42,178.64 $20,824.08 $63,002.72 3. SOIL AND MATERIALS TESTING (2% of Item B) $21,089.32 $10,412.04 $31,501.36 4. PLAN CHECK $0.00 $5,000.00 $5,000.00 5. SITE INSPECTION (4% of Item B) $42,178.64 $20,824.08 $63,002.72 6. CITY PROJECT ADMIN. COST 1% of Item B $10,544.66 $5,206.02 $15,750.68 D. TOTAL IMPROVEMENT INCIDENTALS ;343,249.07 ;92,510.18 ;435,705.25 E. TOTAL IMPROVEMENTS AND INCIDENTALS ;1,397,715.07 ;013,118.18 ;2,010,833.25 F. IMPROVEMENT CONTINGENCY ;105,440.00 ;52,000.20 ;157,508.80 (10% of Item B) G. TOTAL IMPROVEMENTS INCIDENTALS AND CONTINGENCY ;1 503101.07 ;005178.38 2108 340.05 NOTES: 1. IMPROVEMENT COSTS FOR EACH OF THE ITEMS 1 THROUGH 81N THIS TABLE (BOTH FOR THE CITY SHARE AND AD 93-3 SHARE) WERE TAKEN FROM THE REVISED COST ESTIMATE PREPARED BY RUETTGERS ENG. (PRESENTED AS APPENDIX B). 2. ON-AND OFF-RAMP IDENTIFICATION (C-2, C-4, AND C-6) CORRESPOND TO THE RAMP IDENTIFICATION SHOWN ON THE ABOVE-IDENTIFIED RUETTGERS ENG. ESTIMATE. 29149633 B-III-1 11 /09/94 EXHIBIT B TABLE B-V MODIFIED ENGINEER'S REPORT CHANGE AND MODIFICATION NO. 1 CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) ITEMIZED ESTIMATE OF INCIDENTAL (ENGINEERING) COST FOR THE IMPROVEMENT PLANS PREPARED BY CALOAK AND TO BE ACQUIRED BY THE CITY ITEM ITEM ESTIMATED TOTAL COST 1. STREET PLANS 2. DRAINAGE STUDY 3. UTILITY PLANS 4. WESTBOUND CALIFORNIA AVENUE TO NORTHBOUND FREEWAY 99 ON-RAMP RELOCATION/MODIFICATION A. ON-RAMP PLANS B. ON-RAMP LANDSCAPE PLANS C. COORD. ON-RAMP PLANS WITH CITY D. SUBTOTAL ON-RAMP PLANS TOTAL ENGINEERING COSTS $8,500.00 $10,500.00 $12,000.00 $23,160.00 $4,500.00 $1,340.00 $29,000.00 $60,000.00 NOTE: THE BREAKOUT OF THE ENGINEERING COST PRESENTED IS AS OBTAINED FROM THE CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT OCTOBER 17, 1994. 2914985 B-V-1 10/26/94 vtiT. ~uV rnw~l+~+~r Wl~a~iz 14'IXJlN3WNOLLNOddtl)t'ONIN3WON3MV WV80VIOONYIN3WK366tltl3d NOLLtl1W8tl1lN36199369V ltlONNOM 'B 4'ONNOI~tlOL1100N ONtl30NYIq Wad NOIlYI118tl1IN3N96388tllMOWOM'Y S1N3W8836 Btl ltlOO1NI IM 30 AV VWWf 16 B.L33MBN3 (MVtr~H1V0lIltl0) CK'ON 10131BM 1N3Wt 8386 V O131d8113Ntl9 d0 A110 t'ON NOLLVOLIMOW ONtl30NYN0 lVOd3tl 6.Y3MON303Id100M O1M60f3 ~~ ~' i MODIFIED ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA OAK) CHANGE AND MODIFICATION NO. 1 AND ASSESSMENT AND DIAGRAM AMENDMENT NO. 1 APPENDIX A AMENDED ASSESSMENT DIAGRAM Qi~;7 ASSESSMENT AND DIAGRAM AMENDMENT NO. 1 M~ `' ! 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N N N Q N F '- ~ '- O '- c O ~ U ~ U ~ e W q CI ~ ~ O D U d O U 1 0 0 O O N ~ in ; 3 ; 3' h m ~ ~ C U U U v L •. o c ~ m N U UI VI ¢ N ~ m N N N ~ ~ O y ~ ~ D N c - '~ ro °~ ~ N d ~ N ro N N ro N m m a, m d N ro N ro ~ :~ ~ rtl ~ 0 ~ ~ ej ~ J ~ ~ ~ J 9 G ~ 2 ~ U U ~ N C m fA 'Y ~ _ ~ '~ '- ~~ '- ~ .~ '~ ~ ~ x m a 'c 'c 'c ro J 2 ro R a N ~ U c c c c ro o o N N N 4~ c 0 C ~ c ro o H c ~ c t . !U N fn N Vl Ul N Ul !A f J ~ „ , ~ ` W N W N o ~ ;~ . o p p o o p U p p o o p p U U o o ~ d ~ m ~ m ro m 'o 3 t 0 e U o o c ~ ~ ~ U o ~ ~ ~ N c - W W m r ro ., ~ z m z ro ~ x ro ~ ~ r m ~ m .. f x m ~ m x m e ro N 3 ~ m ~ m ~ m o ro t u v o ro ~ m :: ~ o o ~ ~ a o ~ I- U ~ F- F- ~ H U ~ H t- U ~ !- H ~ f h ti ti ti ti w m N F- F- F W J W W H ~ Ul U U c W U ~ F P ro ~ U U N ` L ' O ro G U V ro ~ a ao a w s ro a a a a a s v o ~ o ~ m ~ m o m o m m ap w m m m m m m m m ao m N a I!1 m N m N n In m N rn N o b 0 N ~D m 0 a ~U m ID ma ~D n 0 m ~D rn ~O MUNICIPAL BOND FINANCINl3 FOR LAND DEVELOPMENT AND COMPROJECTS CILITIES October 26, 1994 w~lson ~ Assoc~atcs 4221 WEST SIERRA MADRE. SUITE 201 FRESNO. CALIFORNIA 98722 (209) 278-ls44ss Ms. Marian P. Shaw Public Works Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 Re: City of Bakersfield Assessment District No. 93-3 (California-Oak) Change and Modification No. 1 Dear Marian: ~a w;ii9on CIVIL ENC3INEER ce2sze>a FRANCES SQUIRE COMMVNITT RLLATION• frLCiALIfT 29-149B Pursuant to our telephone conversation yesterday, I am sending you this letter as backup information on the issues regarding Change and Modification No. 1 for AD 93-3 that were resolved with you, the Finance Department, and other interested parties during the process of preparing the Modified Engineer's Report for AD 93-3. The issues discussed and resolved are as follows: 1. Improvements listed below, that were classified as "CalOak Acquisition Project" in the Final Engineer's Report for AD 93-3 are to become a part of the City Construction Project (and still be part of the AD 93-3 share of the improvement cost): a. California Avenue Widening Improvements: Street improvements on the north side of California Avenue between Oak Street and the to-be-relocated westbound California Avenue to Freeway 99 On-ramp; and b. California Avenue Widening Improvements: The relocation and modification of the existing traffic signal at the northwest quadrant of the California Avenue and Oak Street intersection. 2. As stated in your letter to Wilson & Associates dated October 17, 1994, PG&E utility improvements to be funded by the AD 93-3 proceedings are more particularly described . as follows: Undergrounding of electrical lines along California Avenue from Oak Street to the private street opposite the relocated northbound off-ramp, including the undergrounding of the electric service across California Avenue to the Chevron station. Cost = $59, 326.78. Ms. Marian P. Shaw October 26, 1994 Page Two 3. In the same letter of October 17, the CalWater improvements that are added to the scope of work are described as follows: Point of connection at existing 12" Cal Water line at the north property line of district. Construction includes 12" and 6" water service lines, gate valves, three fire hydrant stubs to service Assessment Parcel Numbers 2, SA, SB, and SC. Cost = $67,373.00. 4. Engineering costs for the plans that are prepared by CalOak and to be acquired by the City are modified to the following amounts: Item Total Cost Parcels Affected b~ge Street Plans $ 8,500.00 None Drainage Study $10,500.00 All Utility Plans $12,000.00 All Except 1, 3 & 4 WB California On-ramp On-Ramp Plans $ 23,160.00 All Landscape Plans $ 4,500.00 None Co-ord. Plans $ 1, 340.00 None 5. Engineering costs for the City Construction Project plans that are prepared by Ron Ruettgers Civil Engineers are modified as follows: AD 93-3 share of additional cost: $17,749.96 City Share of additional cost: $24,757.81 Total additional cost: $42,507.77 Those costs are in addition to the following engineering costs for the City Construction Project already allocated by the Final Engineer's Report: AD 93-3 share: $ 12,500.00 City share: $ 202,500.00 Total original cost: $ 215,000.00 6. Pursuant to the decision of the Public Works Department the AD 93-3 share of the plan check fee for the City Construction Project is increased from $5,000.00 to $10,000.00. 7. Improvement contingency for the City Construction Project is to be 10% of the total City Construction Project improvement cost (including the portions designed by the CalOak design engineer). Ms. Marian P. Shaw October 26, 1994 Page Three 8. On the Ruettgers Engineering cost estimate for the City Construction Project, the following are the designations of certain improvements to be fully or partially paid by AD 93-3: C-2: Merge lane at the top of the loop on-ramp (eastbound California Avenue to northbound Freeway 99) C-4: Northbound Freeway 99 off-ramp C-6: Westbound California Avenue to northbound Freeway 99 on-ramp Frontage: AD 93-3 frontage improvements on the north side of California Avenue 9. The AD 93-3 share of lump-sum items from the Ruettgers's cost estimate that are listed below are to be spread among the four improvement groups described above (Item 8) as follows: a. Mobilization: In direct proportion to the total improvement cost for each of the four improvement groups (C-2, C-4, and C-6 ramps, and frontage) b. Finishing roadway: In direct proportion to the total improvement cost for each of the four improvement groups (C-2, C-4, and C-6 ramps, and frontage) c. Traffic control: C-2 = 37.5 C-6 = 37.5 C-4 = 12.5 Frontage = 12.5 10. Based on the information obtained from you, the Finance Department, and Bond Counsel, the following items of the Assessment Proceeding Incidental cost and expense are modified and/or confirmed: a. Assessment Engineer b. Bond Counsel c. Appraiser d. Disclosure counsel e. Miscellaneous Assess- ment Proceeding Expenses $ 27,700.00 (was $ 19,200.00) $ 30,415.00 (was $ 30,415.00) $ 6,160.00 (was $ 6,500.00) $ 22,500.00 (was $ 20,000.00) $ 12,000.00 (was $ 11,794.37 due to rounding) 11. The Assessment Engineer's fee for Assessment and Diagram Amendment No. 1 in the amount of $1,500.00 is not to be a part of the AD 93-3 proceedings. Ms. Marian P. Shaw October 26, 1994 Page Four 12. All of the modified improvement, incidental, and other costs are respread to all parcels in AD 93-3 in the same manner they were spread in the Engineer's Report confirmed June 29, 1994, except for the CalWater improvements that are spread only to parcels identified as Assessments (and/or portions of Assessments) 2, SA, SB, and SC, which are the only parcels benefiting from the proposed water system improvements. 13. As confirmed by Bob Williams of Sutro & Co. on October 26, 1994, the amount of 1915 Act Bond Capitalized Interest is to be calculated as 8.5 % of the Total Amount Assessed to Bonds for the period of 9 months. Rounding of the Total Amount Assessed to Bonds to even $1,000 is to be made in this item. If you have any questions or comments, please let me know. Sincerely, Dejan Pavic Wilson & Associates DP: s cc: Bruce Beaudoin Craig Carver Lynn Gardner Bruce Graham Richard Hargrove Roger McIntosh Gil Rojas Ron Ruettgers Bob Williams l ENGINEER'S REPORT CITY OF BAI~RSFIELD ASSESSMENT DISTRICT NO. 93-3 {CALg'ORNIA-OAK) AS FII,ED FOR FINAL APPROVAL IN ACCORDANCE WITH THE MUNICIPAL IMPROVEMENT ACT OF 1913 ASSESSMENT ENGINEER WII,SON & ASSOCIATES 4221 W. Sierra Madre, Suite 201 Fresno, California 93722 (209) 275-5445 ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) AS FILED FOR FINAL APPROVAL CITY OF BAKERSFIELD Mayor and City Council Bob Price, Mayor Lynn Edwards, Councilmember First Ward Patricia DeMond, Councilmember Second Ward Patricia M. Smith, Councilmember Third Ward Conni Brunni, Councilmember Fourth Ward Randall L. Rowles, Councilmember Fifth Ward Kevin McDermott, Vice Mayor, Councilmember Sixth Ward Mark Salvaggio, Councilmember Seventh Ward Ci Staff Alan Tandy, City Manager Judy Skousen, Acting City Attorney Carol Williams, City Clerk Raul M. Rojas, Public Works Director Gregory HIimko, Finance Director BOND COUNSEL Richard Hargrove Burke, Williams & Sorensen Fresno, California ASSESSMENT ENGINEER Ed Wilson Wilson & Associates Fresno, California UNDERWRITER Sutro & Co., Inc. Robert L. Williams, Jr., Vice President San Francisco, California ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) CERTIFICATE OF FILING AND CONFIRMATION OF ASSESSMENT I, Carol Williams, City Clerk of the City of Bakersfield, do hereby certify that the following "ENGINEER'S REPORT, CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3," including the Assessment and Assessment Roll in the amounts set forth therein as the "Preliminary Assessment," with the Assessment Diagram attached thereto, was filed with me on the 18th day of April, 1994. -~ , '~ l~L1I~ ~ lty er City of Bakersfield, California I have prepared this Engineer's Report and do hereby certify that the amount set forth herein as the "Confirmed Assessment" on Exhibit A, attached hereto, has been computed by me in accordance with the order of the City Council of the City of Bakersfield contained in a Resolution of Intention adopted as Resolution of Intention No. 1115 on May 4, 1994. ~', v~. war 1 son, Assessment Engineer, Assessment District No. 93-3 I, Carol Williams, City Clerk, of the City of Bakersfield, do hereby certify that the following "ENGINEER'S REPORT, CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3" and the Confirmed Assessment contained therein were approved by the City Council of the City of Bakersfield on the 2~day of s juh~. ,1994, ounc 1's adoption of Resolution No. yq-9`f ~, lty er City of Bakersfield, California I, Raul M. Rojas, as Director of Public Works of the City of Bakersfield, do hereby certify that a certified copy of the following "ENGINEER'S REPORT, CITY OF BAKERSFIELD ASSESSMENT DISTRICT N0.93-3," together with the Assessment Diagram attached thereto, was recorded in my office on the ~ day of , I u n e , 19 4. ~- lrec r o u lc City of Bakersfield, California On ~ u ~ c~ ~ 1994, the Assessment Diagram was filed in Book ~ ~ of Maps of Assessment and Community Facilities Districts at Pages ~ through ~_, and a Notice of Assessment was recorded in Book°~ at Page , Document No. (~.~ /! Q , of Official Records in the office of the County Recorder o e County of rn, California. D ounty e r County of K , Californ 29149CER -i- 6/20/94 TABLE OF CONTENTS ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) DESCRIPTION PAGE CERTIFICATE OF FILING ENGINEER'S REPORT AND CONFIRMATION OF ASSESSMENT ............................................ i TABLE OF CONTENTS ............................................ ii SECTIONS. SECTION I ASSESSMENT DISTRICT PURPOSE, GENERAL DESCRIPTION OF BOUNDARIES AND BENEFIT ZONES, AND ENGINEER'S REPORT SUBMITTAL STATEMENT I-1 Assessment District Purpose ........................... I-1 General Description of Boundaries and Benefit Zones ........ I-1 Environmental Review Status ........................... I-2 Engineer's Report Submittal Statement .................. I-2 SECTION II GENERAL DESCRIPTION OF WORK AND ACQUISITIONS . II-1 SECTION III PROPOSED ASSESSMENT OF ESTIMATED IMPROVEMENT AND ACQUISITION COSTS AND EXPENSES ......... III-1 Report Requirements ............................... III-1 Proposed Assessment of Estimated Improvement and Acquisition Costs and Expenses ...................... III-2 Statement of Total Assessment ........................ III-3 Statement of Maximum Annual Parcel Assessment for Recovery of Assessment District Administration Costs and Expenses ..... III-4 Statement of the Estimated Amount of Proposed Annual Assessments for Maintenance, Repair, or Improvement of City-owned Storm Water Drainage Piping, Retention Basin Facilities and Appurtenances, and Sanitary Sewer Pipelines and Appurtenances Serving AD 93-3 Properties ........... III-5 Bond Declaration .................................. III-9 29149TOC -ii- oN13roa DESCRIPTION PAGE REPORT EXHIBITS EXHIBIT A Assessment Roll .................................... A-1 EXHIBIT B Table B-I: Engineer's Estimate of Total Cost and Assessment B-I-1 Table B-II: Engineer's Estimate of Total Cost and Assessment by Project and Assessment Category .................. B-II-1 Table B-III: Engineer's Itemized Estimate of Improvement Cost, City Construction Project ...................... B-III-1 Table B-IV: Engineer's Estimate of Improvement Cost Westbound California Avenue to Northbound Freeway 99 On-ramp Relocation/Modification .................... B-IV-1 Table B-V: Itemized Estimate of Incidental (Engineering) Cost for the Improvement Plans Prepared by CalOak and to Be Acquired by the City ........................ B-V-1 EXHIBIT C Engineer's Summary of Individual Assessments .............. C-1 EXHIBIT D Description of Assessment Spread Method ................. D-1 EXHIBIT E Tabulation of Parcel Assessable Areas .................... E-1 EXHIBIT F Sketch Map of Parcel Assessable Areas and of Easements and Rights-of--Way to Be Dedicated, Abandoned, or Acquired EXHIBIT G Summary of Trip Generation Estimate ..........:......... G-1 EXHIBIT H Trip Generation Allocated to California Avenue Drive "A" as Provided by the City Traffic Department 3/31/94 EXHIBIT I Copies of Exhibit B to the Acquisition Agreement between the City and CalOak; the Ruettgers Engineering Cost Estimate for the City Construction Project; and the Martin-McIntosh Cost Estimate for Westbound California Avenue to the Northbound Fwy 99 On-ramp Relocation/Modification Used in the Final Assessment Spread EXHIBIT J Maintenance Cost Estimates Prepared by the City Street Division of the Public Works Department 29149TOC -iii- o5/zi/9a DESCRIPTION PAGE EXHIBIT K Estimated Amounts of Proposed Annual Assessments for Maintenance, Repair, or Improvement of City-owned Storm Water Drainage Piping, Retention Basin Facilities and Appurtenances, and Sanitary Sewer Pipelines and Appurtenances Serving AD 93-3 Properties ............... K-1 REPORT APPENDICES APPENDIX A Map of Assessment District Boundaries (On file with the City Clerk of the City of Bakersfield; reduced, not to scale, copy attached) APPENDIX B Assessment Diagram (On file with the City Clerk of the City of Bakersfield; reduced, not to scale, copy attached) APPENDIX C List of Names and Addresses of Property Owners APPENDIX D Summary of Changes Made to the Assessment District No. 93-3 Engineer's Report "Preliminarily Approved" by City Council Resolution No. 64-94 on May 4, 1994 APPENDIX E Exhibit B, Table B-II and Exhibit C from the Preliminary Engineer's Report and Copies of Correspondence Between the City and CalOak; the Caltrans Cost Estimate; and Martin-McIntosh Cost Estimate Used in the Preliminary Assessment Spread Presented for Reference to Show the Basis for the Spread of the "Preliminary Assessment" 29149TOC -iw o~23roa ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) SECTION I ASSESSMENT DISTRICT PURPOSE, GENERAL DESCRIPTION OF BOUNDARIES AND BENEFIT ZONES ENGINEER'S REPORT SUBMITTAL STATEMENT ASSESSMENT DISTRICT PURPOSE Assessment District No. 93-3 (California-Oak), herein referred to as "AD 93-3," has been formed by the City Council of the City of Bakersfield (the "City Council") pursuant to property owner Petition on file with the City Clerk of the City of Bakersfield (herein "City Clerk"), for the purpose of financing the construction and acquisition of various street improvements in California Avenue, several California Avenue to Freeway 99 on- and off- ramp .modifications, and certain on-site utility improvements. A description of those improvements is presented in Section II of this report. GENERAL DESCRIPTION OF BOUNDARIES AND BENEFIT ZONES AD 93-3 is comprised of five parcels within the City of Bakersfield (the "City"), which are involved in various stages of the land development process. AD 93-3 is generally bounded on the north by the Atchison, Topeka, and Santa Fe Railroad (the "AT&SF Railroad") on the east by Oak Street, on the south by California Avenue, and on the west by Freeway 99 ("Fwy 99"). AD 93-3 is located in Section 26, Township 29 South, Range 27 East, Mount Diablo Base and Meridian ("MDB&M"). On May 4, 1994 the City Council adopted its Resolution No. 63-94 Describing Proposed Boundaries of Assessment District, Approving Map Therefor and Designating Name of Assessment District (Assessment District No. 93-3, California-Oak). AD 93-3 is located in the City of Bakersfield, County of Kern, and includes incorporated territory within a composite and consolidated area of approximately 17.72 gross acres. The AD 93-3 boundaries are shown and described on the map entitled "PROPOSED BOUNDARIES OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK), COUNTY OF KERN, STATE OF CALIFORNIA" (herein "AD 93-3 Boundary Map") consisting of two (2) sheets, on file in the office of the City Clerk. Reference is made to the AD 93-3 Boundary Map for a detailed description of the AD 93-3 boundaries. A reduced and not to scale copy is attached hereto as Engineer's Report Appendix A and incorporated herein for reference. 29149FER.I I-1 06/23/94 ENVIRONMENTAL REVIEW STATUS Pursuant to the Charter and Municipal Code of the City of Bakersfield (herein "Municipal Code"), the formation of an assessment district is exempt from compliance with the California Environmental Quality Act ("CEQA"). Accordingly, a Notice of Exemption from CEQA will be filed by the City for the AD 93-3 proceedings prior to confirmation of the AD 93-3 assessment by the City Council. ENGINEER'S REPORT SUBMITTAL STATEMENT I, Raul M. Rojas, Public Works Director and Superintendent of Streets of the City of Bakersfield, having been appointed the Engineer of Work for AD 93-3 by adoption of City Council Resolution No. 160-93 (herein "Engineer of Work") to do and perform all services in making preliminary surveys, preparing plans, estimates of costs, and diagram and assessment, and pursuant to the provisions of the Municipal Improvement Act of 1913, as amended (herein "1913 Act"), being Division 12 of the Streets and Highways Code, and pursuant to the Municipal Code and to Section 10204 contained in the Streets and Highways Code, and in accordance with Resolution of Intention No. 1115, being a Resolution of Intention for Improvement Project, City of Bakersfield Assessment District No. 93-3 (California-Oak) (herein "Resolution of Intention No. 1115"), herewith submit the "Engineer's Report" for AD 93-3 consisting of six parts as follows: PLANS AND SPECIFICATIONS, MAPS AND DESCRIPTIONS OF IMPROVEMENTS TO BE CONSTRUCTED AND LANDS TO BE ACQUIRED: A. Improvements to Be Acquired and Constructed: At the time of finalizing this Preliminary Engineer's Report, plans and specifications for the improvements and acquisitions to be funded by AD 93-3 had not been completed and/or finally approved by the City Engineer. Therefore, this assessment is based on the cost estimates prepared from schematic and/or preliminary plans by the City Engineer, or as obtained by the City from the design engineer hired by CalOak Development Properties, _L.P., (herein "CalOak"). A portion of the improvements to be funded in the proposed AD 93-3 total assessment are to be constructed by CalOak and acquired by the City pursuant to the terms and conditions of a planned acquisition agreement between the City and CalOak. The plans for the improvements to be acquired are being prepared by the CalOak design engineers and those plans also are to be acquired by the City pursuant to the AD 93-3 proceedings. B. Maps and Descriptions. of Lands, Easements and Rights-of--Way to Be Acquired: Reference is made to the Maps and Descriptions of Lands, Easements and Rights-of- Way to Be Acquired in and for the AD 93-3 proceedings on file with the Engineer of Work and shown on "Exhibit F, Sketch Map of Parcel Assessable Areas and of 29149FER.I I-2 06/23/94 Easements and Rights-of--Way to Be Dedicated, Abandoned or Acquired," attached hereto and incorporated herein by reference. 2. GENERAL DESCRIPTION OF WORKS AND ACQUISITIONS: A General Description of Works and Acquisitions to be completed pursuant to the AD 93-3 proceedings is included as Section II of this Engineer's Report. 3. ESTIMATE OF TOTAL ASSESSMENT DISTRICT IMPROVEMENTS, ACQUISITION, AND INCIDENTAL COSTS: A "Statement of Total Assessment" is presented in Section III of this report. An itemized breakdown of the estimated total improvement, acquisition, and incidental costs and expenses including the estimated cost of preparing, printing, registering, servicing, and collecting bonds issued pursuant to these proceedings is included in Exhibit B, Table B-I, "Engineer's Estimate of Total Cost and Assessment," attached hereto. 4. ASSESSMENT DIAGRAM: The diagram entitled "ASSESSMENT DIAGRAM OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK), COUNTY OF KERN, STATE OF CALIFORNIA" (herein "AD 93-3 Assessment Diagram"), consisting of two (2) sheets, is on file with the City Clerk and incorporated herein by reference. The AD 93-3 Assessment Diagram being too bulky to be bound with this Engineer's Report, a reduced and not to scale copy is attached hereto as Engineer's Report Appendix B. The AD 93-3 Assessment Diagram shows all of the following: A. The exterior boundaries of AD 93-3. B. By reference to the Maps of the Assessor of the County of Kern and to maps and deeds of record, the lines and dimensions of each separate lot, parcel, and subdivision of land within AD 93-3 as they existed at the time of Preliminary Approval of this Engineer's Report by the City Council, each lot, parcel, and subdivision of land having been assigned a separate assessment number upon the Assessment Diagram. C. The assessment numbers assigned to each separate lot, parcel, and subdivision of land as shown on the AD 93-3 Assessment Diagram correspond with the numbers shown on the Assessment Roll (Exhibit A contained herein). 29149FER.I I-3 06/23/94 5. PROPOSED ASSESSMENT AND ASSESSMENT ROLL: A. A proposed assessment of the estimated total improvement and acquisition costs and incidental expenses in connection with the AD 93-3 proceedings is presented in Section III of this Engineer's Report. B. Assessment Roll: An Assessment Roll for AD 93-3 is attached hereto as Exhibit A. The Assessment Roll shows the exact amount of the total estimated cost of the proposed improvements and acquisitions that is assessed upon each of the parcels within AD 93-3 in proportion to the estimated benefits to be received from those improvements and acquisitions. The assessment numbers that appear on the Assessment Roll correspond to the diagram numbers shown on the Assessment Diagram. C. Maximum Annual Parcel Assessment For Recovery of Assessment District Administration Costs and Expenses: Section III of this Engineer's Report includes. a statement of the proposed maximum annual assessment upon each of the parcels in AD 93-3. The purpose of this separate annual assessment is to pay the costs incurred by the City of Bakersfield, and not otherwise reimbursed, which result from the administration and collection of assessments or registration of any associated bonds and reserve or other related funds. This maximum annual assessment is levied pursuant to Subdivision (f) of Section 10204 of the Streets and Highways Code. D. Annual Assessments for Maintenance, Repair, or Improvement of City-owned Storm Water Drainage Piping, Retention Basin Facilities and Appurtenances, and Sanitary Sewer Pipelines and Appurtenances Serving the AD 93-3 Properties: Section III of this Engineer's Report also includes an estimate of the amount of the assessment for maintenance, repair, or improvement of the storm water drainage and sanitary sewer improvements to be acquired, which may be levied by the City Council for each of the ensuing five years, beginning July 1, 1995, for the City's Fiscal Year 1995/1996. 6. ASSESSMENT SPREAD METHOD: A description of the assessment spread method used to apportion the total estimated cost of the improvements, acquisitions, and incidental costs to each parcel in AD 93-3, in direct proportion to the estimated benefits received by each parcel, respectively, from those improvements and acquisitions is attached hereto as Exhibit D and incorporated herein by reference. 29149FER.I I-4 06/23/94 ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) SECTION II GENERAL DESCRIPTION OF WORK AND ACQUISITIONS PROJECT DESCRIPTION The improvements proposed for AD 93-3 funding include all or portions of the work to be performed on three separate infrastructure improvement projects. The three projects are referred to in this Engineer's Report as the: ^ City Construction Project; ^ Caltrans Construction Project; and ^ CalOak Acquisition Project. The City Construction Project refers to the street improvement project entitled "California Avenue Widening Between Real Road and Oak Street." This project will widen the section of California Avenue between Oak Street on the east and Real Road on the west that passes under Fwy 99, from its existing four lanes to a total of six travel lanes. The purpose of this project is to reduce traffic congestion along this key east/west arterial street. The City Construction Project was originally planned to include only the work necessary to complete the widening of California Avenue to six lanes. However, the scope of work included in the City Construction Project has been expanded pursuant to City Agreement No. 93-238 with CalOak, adopted December 1, 1993. Agreement No. 93-238 set forth the obligations and duties of CalOak as the developer of the property located at the northwest corner of the California Avenue and Oak Street intersection and the City, with regard to City participation in a program with CalOak and the- State of California, Department of Transportation (herein "Caltrans") to improve access from California Avenue into the CalOak property. The "CalOak property," referred to above, represents a[l of the property in AD 93-3 that will be benefited by and assessed a share of the cost of the AD 93-3 Improvements. The final link in the program to improve access to the CalOak (AD 93-3) properties is the City/Caltrans Agreement (District Agreement No. 06-0932), which sets forth the terms and conditions for the Caltrans disposition to the City of excess state-owned right-of-way and access rights for the CalOak properties. The above-referenced Agreements have increased the scope of work to be performed under the City Construction Project and have led to the development of a second City and CalOak 29149FER.II II-1 06/23/94 Agreement entitled "Acquisition Agreement for Certain Improvements to California-Oak" (herein the "CalOak Acquisition Agreement"). On May 4, 1994, the City Council adopted its Resolution No. 62-94, "Authorizing Ently into Acquisition Agreement with CalOak Development for Certain Improvements to Assessment District No. 93-3." The City Clerk has assigned City Agreement No. 94-71 to the CalOak Acquisition Agreement. The CalOak Acquisition Agreement defines the specific scope of improvements that are to be constructed by CalOak and acquired by the City pursuant to funding provided in the AD 93-3 assessment. The CalOak Acquisition Agreement also sets forth the total cost of the separate improvement system to be acquired. The scope of improvements described in the CalOak Acquisition Agreement includes some of the work specified in City Agreement 93-238 and in the City/Caltrans District Agreement No. 06-0932 related to the improvement of access for the CalOak Properties and also describes certain on-site and California Avenue frontage public improvements to the CalOak properties that are to be acquired pursuant to the AD 93-3 proceedings. The scope of work described in the CalOak Acquisition Agreement is referred to in this Engineer's Report as the CalOak Acquisition Project. A detailed description of the improvements and lands to be acquired is presented in the following portion of this Section IL Upon completion of all work and payment in full of the $2,150,000 total value of excess right-of--way and access rights acquisition to Caltrans, as specified in Caltrans District Agreement No. 06-0932, the excess right-of--way created by the planned relocation and reconstruction of the northbound direct on-ramp from the westbound California Avenue travel lanes at the California Avenue interchange will be conveyed to the City by Caltrans. In accordance with City Agreement No. 93-238, the City will transfer title to CalOak of the abandoned and decertified Caltrans right-of-way and associated Access Rights to California Avenue. I. GENERAL DESCRIPTION OF WORK AND ACQUISITIONS The improvements to be constructed and/or acquired and that are eligible for funding pursuant to the AD 93-3 proceedings are described below and hereafter referred to as the "Improvements." The descriptions of the Improvements and the termini of the work presented herein are general in nature and do not necessarily extend for- the full length of their description. The plans and profiles of the Improvements, as approved by the City Engineer, shall be controlling as to their correct and detailed descriptions. That portion of the Improvements that will be constructed as City and Caltrans Projects are described separately from the portion of the Improvements that are to be acquired. The portion of the Improvements to be constructed are generally described as follows: 29149FER.II II-2 06/23/94 A. General Description of Improvements to Be Constructed All of the AD 93-3 work that is to be constructed as public works improvements is included within the scope of work to be performed as part of the City Construction Project and the Caltrans Construction Project. A general description of work to be performed as a part of each of those two projects is presented below: ^ City Construction Project The City Construction Project includes the construction and installation as separate improvement systems of the public improvements described below. Portions of the Improvements to be constructed pursuant to the City Construction Project are to be funded in the AD 93-3 Assessment with the balance of the cost of the work to be paid for as a City Contribution to the cost of construction for the AD 93-3 Improvements and Acquisitions. A general description of the -.work and costs included in the City Construction Project is presented below. A detailed breakout of the AD 93-3 and City cost shares for the City Construction Project is presented in Engineer's Report Exhibit D. Street System Improvements: The street system improvements are, for the purpose of the AD 93-3 proceedings, divided into the following two categories: 1. California Avenue Widening Improvements: These improvements shall include, but not be limited to, curb, gutter, sidewalk, handicap ramps, an additional lane of pavement for the eastbound and westbound roadway sections, street lights, various traffic signal modifications, and relocations of existing underground and overhead utilities between Real Road and Oak Street. The California Avenue Widening Improvements are to be constructed by the City, except for the following described portions of those improvements, which are to be constructed by CalOak pursuant to the CalOak Acquisition Agreement: Westbound California Avenue Street Frontage improvements between Oak Street and the to be relocated Fwy 99 direct northbound on-ramp from westbound California Avenue, including signal modification and relocation work at the northwest quadrant of the California Avenue and Oak Street intersection. 2. The Relocations and Modifications to Existing Fwy 99 On-ramp and Off-ramp: These improvements shall include all necessary work to complete existing Fwy 99 on- and off-ramp relocations and modifications at the locations described below. These portions of the Fwy 99 on- and off-ramp relocations and modifications are to be constructed by the City and their costs shared by AD 93-3, as described in Exhibit D: 29149FER.II II-3 06/23/94 a. Eastbound California Avenue to Northbound Fwy 99 Loop On-ramp Modification work, as needed to accommodate the widening of California Avenue; b. All necessary work to complete the Westbound California Avenue to Northbound Fwy 99 On-ramp Relocation/Modification work required by the City/Caltrans District Agreement No. 06-0932 and by City Agreement No. 93-238 c. Northbound Fwy 99 to the California Avenue Off-ramp Modification work, as needed to accommodate the Westbound California Avenue to Northbound Fwy 99 On-ramp Relocation/Modification work required by the City/Caltrans District Agreement No. 06-0932 and by the City Agreement No. 93-238; d. Transitional (merge) lane modifications at the top of the Eastbound California Avenue to Northbound Fwy 99 On-Ramp Modification work, as needed to accommodate the Westbound California Avenue to Northbound Fwy 99 On-ramp Relocation/Modification work required by the City/Caltrans District Agreement No. 06-0932 and by City Agreement No. 93-238; and Storm Drain Improvements: The storm drain improvements, if any, that are a part of the City Construction Project shall include new pipelines and appurtenances and any necessary modifications to the existing storm drain system in California Avenue between Oak Street and Real Road, which are caused by the Street System Improvements described above. The City share and the AD 93-3 share of those improvement costs will be apportioned by the City to the party (City or CalOak) responsible for the cost to widen or modify the section of street in which such storm drain improvements are located. Sewer System Improvements: There are no sewer system improvements included in the scope of work for the City Construction Project. All AD 93-3 Sewer System Improvements .are included in the scope of the CalOak Acquisition Project. ~ Caltrans Construction Project AD 93-3 shall fund a portion of the cost to widen the bridge on the northbound side of Fwy 99 over the AT&SF tracks. Caltrans has estimated that the AD 93-3 share of the cost of those improvements will be $156,000.00. CalOak and, accordingly, AD 93-3 participation in the Caltrans Project is a part of the scope of work specified in the above referenced City Agreements with Caltrans and CalOak. 29149FER.II II-4 06/23/94 B. General DescriQtion of Improvements to Be Acquired The improvements to be funded for acquisition _by the City pursuant to the AD 93-3 proceedings are as described in the referenced CalOak Acquisition Agreement. The construction plans for the CalOak Acquisition Project are being prepared by the CalOak design engineer, Martin-McIntosh Civil Engineers and Land Surveyors, and the plans for the CalOak improvement acquisitions are on file with the Engineer of Work for AD 93-3. ~ CalOak Acquisition Project The CalOak Acquisition Project includes the construction and installation as separate improvement systems of the public improvements described below. All of the improvements to be constructed and acquired pursuant to the CalOak Acquisition Project are to be funded in the AD 93-3 Assessment. A description of each separate improvement system that is to be funded in the AD 93-3 assessment is also presented below. Street System Improvements: The street system improvements to be acquired are described as follows: California Avenue Widening Improvements: These improvements shall include, but not be limited to, curb, gutter, sidewalk, driveways/handicap ramps, an additional (right turn) lane of pavement on the north side of California Avenue between Oak Street and the to be relocated westbound California Avenue to Fwy 99 On-ramp, and the relocation and modification of the existing traffic signal at the northwest quadrant of the California Avenue and Oak Street intersection. Private Utility Relocation: This work shall include the cost to relocate and/or place underground certain existing overhead power lines owned by PG&E that are within the limits of the proposed California Avenue Widening Improvements along the CalOak property frontage. Private utility undergrounding costs are also proposed to include the cost to relocate and place underground within a utility easement along the northerly and easterly boundaries of the CalOak property, the existing overhead PG&E transmission line facilities that currently run across (from north to south) the CalOak site. Storm Drain Improvements: The storm drain improvements shall include the installation of storm water drainage pipelines, manholes, and catch basins, and the construction of an on-site storm drain sump for the disposal of storm drain water. 29149FER.II II-5 06/23/94 Sewer System Improvements: The sewer system improvements shall include the installation of sewer mains and service laterals, and all necessary work to provide connections to the existing City sewer system for the CalOak properties, as shown on the construction plans for the CalOak Acquisition Project. Storm Drainage~p Site Acquisition: In accordance with the scope of acquisitions specified in the CalOak Acquisition Agreement, AD 93-3 will fund the cost to acquire the storm drainage sump site from CalOak, including the cost of perimeter fencing. The site and all of the storm drain improvements proposed to be acquired pursuant to the AD 93-3 proceedings will be owned, operated and maintained by the City. Acquisition of Caltrans Excess Right-of-Way and California Avenue Access Rights: In accordance with Caltrans District Agreement No. 06-0932, AD 93-3 will fund the payment to Caltrans of the difference between the $2,150,000.00 total value of the Caltrans Excess Right-of-Way and associated California Avenue Access Rights, and the total cost of the specific scope of improvements that the referenced Agreement permits to be applied as a credit against the total value of those rights and lands. II. The foregoing improvement descriptions shall include, but not be limited to, the following: A. The acquisition of all rights-of--way, easements, franchises, licenses, and permits, and the construction of all auxiliary work, and the payment of all incidental expenses necessary and/or convenient to the accomplishment of the foregoing and for the conduct of special assessment proceedings and the issuance of special assessment bonds, as may be approved by the City, for the financing of all or a portion of the foregoing, including, but not limited to, the incidental expense to cover the estimated cost of preparing, printing, registering, servicing, and collecting the improvement bonds proposed to be issued to represent the assessments. All of the foregoing improvements shall be made and done pursuant to the provisions of the Municipal Code and the 1913 Act. B. The payment and/or reimbursement to the City and to AD 93-3 property owners of all eligible sums under the Streets and Highways Code of the State of California (the "Streets and Highways Code"), advanced by the City and/or by AD 93-3 property owners, including all associated district formation and administration costs and expenses as authorized by the Streets and Highways Code. III. The work, acquisitions, and incidental expense therefor shall include the funding of not to exceed one (1) year's capitalized interest on any bonds issued in the amount of the unpaid assessments, where said bonds are to be issued pursuant to the Municipal Code and the Improvement Bond Act of 1915 (the "1915 Act"), as contained in the Streets and Highways Code. 29149FER.II II-6 06/23/94 IV. The levy of an annual assessment to pay costs incurred by the City from the administration of and collection of assessments, or from the administration or registration of any associated bonds and reserve or other related funds, pursuant to Subdivision (f) of Section 10204 of the Streets and Highways Code. V. The levy of annual assessments by the City Council to pay the costs and expenses to maintain, repair, or improve the City-owned storm water drainage piping, retention basin facilities and appurtenances, and sanitary sewer pipelines and appurtenances, installed pursuant to the AD 93-3 proceedings in the maximum annual amounts as stated in Section III of this Engineer's Report, where said annual assessments are to be levied pursuant to Section 10100.8 of the 1913 Act. 29149FER.II II-7 06/23/94 ENGINEER'S REPORT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) SECTION III PROPOSED ASSESSMENT OF ESTIMATED IMPROVEMENT AND ACQUISITION COSTS AND EXPENSES REPORT REQUIREMENTS WHEREAS, on May 4„ 1994, the City Council, pursuant to the provisions of the Municipal Code and of the 1913 Act, adopted its Resolution of Intention No. 1115, for the construc- tion and acquisition of improvements more particularly described therein and did declare its intention to levy a maximum annual assessment pursuant to Subdivision (f) of Section 10204 of the Streets and Highways Code to recover costs incurred from the administration and collection of assessments and from the administration or registration of any associated reserve or other related funds, and did further declare its intention to levy annual assessments for the maintenance, repair, or improvement of storm water drainage and sanitary sewer improvements and facilities pursuant to Section 10100.8 of the Streets and Highways Code, in an assessment district known and designated as CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) (herein "AD 93-3"); and, WHEREAS, said Resolution of Intention No. 1115 directed the appointed engineer of work for AD 93-3 to make and file a report presenting a general description of any works and appliances already installed and of any other property necessary or convenient for the operation of the improvements, plans and specifications for the proposed construction, an estimate of costs, maps and descriptions of lands and easements to be acquired, and a diagram and assessment of and upon the subdivisions of land within the assessment district, to which Resolution of Intention No. 1115 and the description of the proposed acquisitions and improvements therein contained reference is hereby made for further particulars. 29140FER.III III-1 06/13/94 PROPOSED ASSESSMENT OF ESTIMATED IMPROVEMENT AND ACQUISITION COSTS AND EXPENSES NOW, THEREFORE, I, Raul M. Rojas, the duly appointed Engineer of Work for AD 93-3, by virtue of the power vested in me under the Municipal Code and under the 1913 Act and the order of the City Council, hereby make the following assessment to cover the portion of the estimated cost of the acquisitions, work and improvements and the costs and expenses incidental thereto to be paid by AD 93-3. The amount to be paid for the acquisitions, work and improvements, and the expenses incidental thereto is generally as shown in the following Statement of Total Assessment: 29140FER.III III-2 0623/94 STATEMENT OF TOTAL ASSESSMENT CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 ( CALIFORNIA-OAK) As Preliminarily Confirmed Approved Assessment Amount A. Cost of Improvements to be Constructed: 1. City Construction Project $ 1,102,000.00 $ 1,231,415.00 2. CalOak Acquisition Project $ 0.00 $ 0.00 3. Caltrans Construction Project $ 156.000.00 $ 156.000.00 Subtotal $ 1,258,000.00 $ 1,387,415.00 B. Cost of Improvements to be Acquired: 1. City Construction Project $ 0.00 $ 0.00 2. CalOak Acquisition Project $ 671,078.00 $ 336,078.00 3. Caltrans Construction Project $ 0.00 $ 0.00 Subtotal $ 671,078.00 $ 336.078.00 C. Total Estimated Improvement Construction and Acquisition Cost $ 1,929,078.00 $ 1,723,493.00 D. Improvement Incidentals $ 168,240.00 $ 401,455.65 ' E. Improvement Contingency $ 220,400.00 $ 86,141.00 F. Total Estimated Cost of Improvements Incidentals and Contingency $ 2,317,718.00 $ 2,211,089.65 G. Right-of--Way and Easements Acquisition $ 100,00.00 $ 135.051.35 H. Total Estimated Cost of Improvements and of Right-of--way and Easements Acquisitions $ 2,417,718.00 $ 2,346,141.00 I. Less Contributions 1. City $ (1,219,680.00) $ (1,059,013.93) 2. CalOak Development Properties $ ~0.00~ $ ~0.00~ Subtotal $ (1,219,680.00) $ (1,059,013.93) J. Subtotal Cost to Assessment After Contributions $ 1,198,038.00 $ 1,287,127.07 K. Assessment Proceeding Cost $ 90,054.75 $ 107,704.83 L. Bond Issuance Cost and Reserve $ 316.907.25 $ 343,168.10 M. Subtotal $ 1,605,000.00 $ 1,738,000.00 N. Project Assessment Contingency $ 240,750.00 $ 0.00 O. Total Estimated Assessment $ 1,845,750.00 $ 1,738,000.00 29140FER.III III-3 0623/94 A detailed breakdown of the itemized costs of the acquisitions, work and improvements, and expenses incidental thereto is presented in Exhibit B, attached hereto and incorporated herein by reference as though set forth in full. 2. Pursuant to the provisions of law and of Resolution of Intention No. 1115, I have assessed the total amount of the cost and expenses of the acquisitions, work and improvements, and expenses incidental thereto upon the several parcels of land liable therefor and benefited thereby and hereinafter numbered to correspond with the numbers upon the attached Assessment Diagram, upon each in direct proportion and relation to the estimated benefits to be received by such parcels, respectively, from the acquisitions and improvements, all as is more particularly set forth in the Assessment Roll, attached hereto as Exhibit A and incorporated herein by reference as though set forth in full. The numbers on the Assessment Roll correspond with the numbers assigned to each respective parcel and shown on the Assessment Diagram. Each subdivision of land assessed is described within the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Kern for the fiscal year 1994-1995 or by reference to maps and deeds of record on file in the office of the County Recorder of said County. For a more particular description of the manner in which the Estimated Total Improvement and Acquisition Cost and Incidental Expenses have been assessed upon the several parcels of land in AD 93-3, reference is made to the Description of Assessment Spread Method, attached hereto as Exhibit D and incorporated herein by reference as though set forth in full. 3. As required by law, the assessment diagram entitled "ASSESSMENT DIAGRAM OF CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA- OAK), COUNTY OF KERN, STATE OF CALIFORNIA", consisting of two (2) sheets, is on file in the office of the City Clerk. The Assessment Diagram for AD 93-3 being too bulky to be bound with this Engineer's Report, a reduced and not to scale copy is attached hereto as Appendix B and incorporated herein by reference. For a more particular description of the AD 93-3 exterior boundaries reference is made to the AD 93-3 Boundary Map on file in the office of the City Clerk, attached hereto in reduced and not to scale form as Appendix A and incorporated herein by reference. STATEMENT OF MAXIMUM ANNUAL PARCEL ASSESSMENT FOR RECOVERY OF ASSESSMENT DISTRICT ADMINISTRATION COSTS AND EXPENSES Pursuant to Subdivision (f) of Section 10204 of the Streets and Highways Code, I present the following statement of a proposed maximum annual assessment upon each parcel and subdivision of land in AD 93-3, in the amount of $600.00 plus an annual maximum five percent (5%) adjustment for inflation. 29140FER.III III-4 06/23/94 Said annual assessment shall be levied by the City Council to cover all administrative costs of AD 93-3 incurred by the City, and not otherwise reimbursed, which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. The City Council shall determine, by resolution, the amount of the annual assessment for this purpose, which shall not exceed the maximum assessment stated above and shall not exceed a reasonable estimate of costs actually incurred. The above stated maximum annual assessment amount shall be separate from and in addition to any fee charged to property owners in AD 93-3 by the City of Bakersfield, pursuant to Sections 8682 and 8682.1 of the Streets and Highways Code. STATEMENT OF THE ESTIMATED AMOUNT OF PROPOSED ANNUAL ASSESSMENTS FOR MAINTENANCE, REPAIR, OR IMPROVEMENT OF CITY-OWNED STORM WATER DRAINAGE PIPING, RETENTION BASIN FACILITIES AND APPURTENANCES, AND SANITARY SEWER PIPELINES AND APPURTENANCES SERVING AD 93-3 PROPERTIES Reference is made to Resolution of Intention No. 1115, wherein the City Council declared its intention, pursuant to Section 10100.8 of the Streets and Highways Code, to levy annual assessments to pay the estimated costs and expenses for the maintenance, repair, or improvement of certain storm water drainage and sanitary sewer improvements to be installed and constructed pursuant to the AD 93-3 proceedings. Subdivision (c) of Section 10204 of the Streets and Highways Code states, in part, that `wvhen the legislative body, in the Resolution of Intention, declares its intention to levy an assessment for the maintenance, repair or improvement of the work, system, or facility, the report shall contain an estimate of the amount of this assessment for each of the first five years during which the assessment would be levied." Pursuant to Section 10204(c), the scope of maintenance, repair, or improvement work to be performed on the AD 93-3 storm water drainage and sanitary sewer improvements and an estimate of the total amounts proposed to be annually assessed by the City Council in each of the first five fiscal years in which the assessments would be levied are presented below. 1. Estimated total annual assessments in each of the first five fiscal years, beginning July 1,1995 for the 1995/1996 Fiscal Year for the maintenance, repair or improvement of AD 93-3 Storm Water Drainage Improvements, hereafter referred to as the "Storm Drainage Maintenance Assessment," is stated as follows: A. Scope of maintenance, repair or improvement work included in the AD 93-3 Storm Drainage Maintenance Assessment The AD 93-3 Storm Water Drainage Piping Improvements and Appurtenances include 18- and 24-inch diameter pipelines, catch basins, and manholes that will collect surface storm water runoff from California Avenue and Oak Streets, from a 29140FER.III III-5 0623/94 of the westbound California Avenue to Fwy 99 northbound on-ramp and from the access easements and drives within AD 93-3 and transport the collected storm water runoff to the Storm Drainage Sump. The sump is to be constructed in the northwest corner of the parcel designated as Assessment 5 on the AD 93-3 Assessment Diagram. A sketch map of the Storm Drainage Sump Parcel is included as part of Engineer's Report Exhibit F attached hereto and incorporated herein by reference. The Storm Drainage Sump will store the collected AD 93-3 surface storm water runoff for disposal by evaporation and percolation. The AD 93-3 Storm Water Drainage Improvement cost is assessed to all of the AD 93-3 parcels, as described in Engineer's Report Exhibit D "Description of Assessment Spread Method," attached hereto and incorporated herein by reference. Since all AD 93-3 parcels are benefited by and assessed a share of the Storm Water Drainage Improvements, all AD 93-3 parcels will benefit from and are assessed a share of the cost of annual maintenance, repair, or improvement of those facilities. The scope of work to be performed shall include: i. Catch Basin Cleaning, to be performed once per year, that will include hydrojet flushing and debris removal; and ii. Drainage Sump Cleaning to be performed annually, but in no case less than once. in five years, that will include removal of debris, weeds and silt from the sump, and perimeter fence repair. B. Estimated total annual cost and assessment for the first five years of maintenance for the AD 93-3 Storm Water Drainage Improvements The estimated total annual cost to be assessed for each of the first five fiscal years of the Storm Drainage Maintenance Assessment, beginning July 1, 1995, for the 1995/1996 Fiscal Year and running through the 1999/2000 Fiscal Year is $200.00 per year. This annual assessment has been calculated based on the maintenance cost estimates prepared by the City Street Division of the Public Works Department. The City prepared Maintenance Cost Estimate for AD 93-3 is attached hereto as Exhibit J and incorporated herein by reference. The City's "Total Storm System Maintenance per year: $182.22," as shown on Exhibit J, has been increased to provide for an expense contingency during the five-year cost projection cycle. 29140FER.III III-6 06/23/94 C. Estimated annual per parcel share of the AD 93-3 Storm Drainage Maintenance Assessment It is the finding of this Engineer's Report that each parcel in AD 93-3 will receive an equivalent level of benefit from the annual maintenance, repair, or improvement of the AD 93-3 Storm Water Drainage Improvements. Accordingly, each of the five existing parcels in AD 93-3 will be apportioned a $40.00 annual Storm Drainage Maintenance Assessment Share. 2. Estimated total annual assessments in each of the first five fiscal years, beginning July 1,1995 for the 1995/1996 Fiscal Year for the maintenance, repair or improvement of AD 93-3 Sanitary Sewer Pipeline Improvements, hereafter referred to as the "Sewer Maintenance Assessment," is stated as follows: A. Scope of sewer maintenance, repair or improvement work included in the AD 93-3 Sewer Maintenance Assessment The AD 93-3 Sanitary Sewer Pipeline Improvements and Appurtenances include fl- inch diameter pipelines and manholes- serving all of the AD 93-3 properties. The AD 93-3 Sanitary Sewer Pipeline Improvements cost is assessed to all of the AD 93- 3 parcels, as described in Engineer's Report Exhibit D. Since all AD 93-3 parcels are benefited by and assessed a share of the cost of the Sanitary Sewer. Pipeline Improvements, all AD 93-3 parcels will benefit from and are apportioned a share of the Sewer Maintenance Assessment. The scope of work to be performed includes: i. Twice a year hydraulic cleaning of the AD 93-3 sewer mains. The City is not responsible for the cleaning and maintenance of parcel service laterals and those pipeline maintenance costs are not included in the scope of the Sewer Maintenance Assessment. ii. The City Maintenance crews will monitor sewer flows for AD 93-3 in conjunction with their pipeline cleaning work. B. Estimated total annual cost and assessment for the first five years of maintenance for AD 93-3 Sanitary Sewer Pipeline Improvements The estimated total annual cost to be assessed for each of the first five fiscal years of the Sewer Maintenance Assessment, beginning July 1, 1995, for the 1995/1996 Fiscal Year and running through the 1999/2000 Fiscal Year is $50.00 per year. This annual assessment has been calculated based on the maintenance cost estimates prepared by the City Street Division of the Public Works Department, as shown on the attached Exhibit J, and includes an allowance for an expense contingency during the five-year cost projection cycle. 29140FER.III III-7 06/23/94 C. Estimated annual per parcel share of the AD 93-3 Sewer Maintenance Assessment It is the finding of this Engineer's Report that each parcel in AD 93-3 will receive an equivalent level of benefit from the annual maintenance, repair, or improvement of the AD 93-3 Sanitary Sewer Pipeline Improvements. Accordingly, each of the five existing parcels will be apportioned a $10.00 annual Sewer Maintenance Assessment share. 3. Statement of total annual parcel assessments for Storm Drainage and Sewer Maintenance The combined total annual assessment for Storm Drainage and Sewer Maintenance in AD 93-3 for each of the first five fiscal years, beginning July 1, 1995 for the 1995/1996 fiscal year and running through the 1999/2000 fiscal year is $250.00 per year. This combined total annual cost is to be assessed as an equal annual charge of $50.00 per parcel to the five existing AD 93-3 parcels, in each of the first five years of facilities operation. The annual assessment proposed to be levied on each AD 93-3 parcel for Storm Drainage and Sewer Maintenance is shown on Engineer's Report Exhibit K, attached hereto and incorporated herein by reference. 4. The scope of work included in the Storm Drainage and Sewer Assessments includes such other costs and expenses incidental to the performance of the maintenance, repair, or improvement work described above as may be required to keep the AD 93-3 Storm Water Drainage and Sanitary Sewer Pipeline Improvements in fit operating condition. Approval of this Engineer's Report by the City Council will confirm the findings made by the Engineer of Work that the aforementioned work needs to be performed annually in order to maintain the subject facilities in fit operating order and, thereby, maintain the original level of estimated benefit to the assessed parcels. 29140FER.III III-8 0623/94 BOND DECLARATION NOTICE IS HEREBY GIVEN, that serial and/or term bonds to represent the unpaid assessments bearing interest at the rate of not to exceed twelve percent (12%) per annum will be issued in the manner provided by the Improvement Bond Act of 1915. The last installment of such bonds shall mature a maximum of thirty-nine (39) years from the second day of September, next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the 1915 Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply and the principal amount of the bonds maturing in each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds. The total amount assessed pursuant to the AD 93-3 proceedings includes an incidental expense to cover the estimated cost of preparing, printing, registering, servicing and collecting the improvement bonds proposed to be issued to represent the unpaid assessments. Submitted for preliminary approval by the City Council on the 4th day of May, 1994 by Fred A. HIoepper, as Acting Public Works Director, and Filed in the office of the City Clerk on June 24, 1994, for final approval and assessment confirmation by: 29140FER.III III-9 06/24/94 Engineer of Work Assessment District No. 93-3 City of Bakersfield r ENGINEER'S REPORT ~' CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 93-3 (CALIFORNIA-OAK) EXHIBIT A A5SES5MENT ROLL