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Home My WebLink AboutROI NO 1569 RESOLUTION OF INTENTION NO. 1569 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-41 (S. UNION, PLANZ SW), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefore; and WHEREAS, the property owner has requested the City Council to include the property within the Consolidated Maintenance District in accordance with the procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends addition of territory to the Consolidated Maintenance District; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5-41 (5. Union, Planz SW), to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including a public park and public street landscaping; and WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his Report, attached hereto and incorporated herein by reference as Exhibit "1", containing the following: (a) a description of the boundary of the additional territory, attached hereto as Exhibit "A"; and (b) a map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; and (c) the benefit formula set forth as Exhibit "C"; and (d) a budget, Exhibit "0," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"; and 1 IQM~/)' ~ ~ :>- iTi I- r "0 0 ORIGINAL WHEREAS, the City of Bakersfield has received a letter from the owner of Parcel Map No. 11554, which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and WHEREAS, said property owner has returned his assessment ballot indicating his support of the proposed assessments and inclusion in the Consolidated Maintenance District. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: herein. 1. The foregoing recitals are true and correct and are incorporated 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, Area 5-41 (5. Union, Planz SW), benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B", entitled "Map and Assessment Diagram for Addition of Territory, Area 5-41 (5. Union, Planz SW) to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. -000- 2 IQM~1> ~ ~ :>- .- I- rn _ r- o 0 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on NOV 0 7 2007 , by the following vote: ~ NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARS~. BE~M. WEtR;--CO~H. HA~N. SUL~N. SCR~ER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER W ~ 1hs-6. CITY CLERK and Ex Offi Council of the City of Bak APPROVED: NOV 0 7 2007 HARVEY L!. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By:~m~ Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" MD5-41 ri05.doc 3 f'O"'kS'-9 ~ ~ :>- .- I- ~ "0 D ORIGINAL City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 5-41 (S. UNION, PLANZ SW) Fiscal Year 2007.2008 Addition of territory, Area 5-41 (5. Union, Planz 5W) to the Consolidated Maintenance District is generally described as an area bounded by a line approximately 660 feet south of Planz Road on the north, S. Union Avenue on the east, a line approximately 1,320 feet south of Planz Road on the south and a line approximately 1,320 feet west of S. Union Avenue on the west as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this Report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, Area 5-41 (5. Union, Planz SW) is being added to the EXHIBIT "1" 1 ~ IQM~"'Y C) ~ :>- ,. I- rn _ F o t;I ORIGINAL Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019-05 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. However, parcels will not be assessed until park and/or street landscaping have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019-05 as escalated per the above described Consumer Price Index. The area will consist of non-residential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2007-2008 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory, Area 5-41 (5. Union, Planz SW), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: /o/~+- , ,7'--~ RAtf( M. ROJAS ---- Director of Public Works City of Bakersfield EXHIBIT "1" 2 ~ <QMt'~ o ~ :>- -' I- rn _ r o I.') ORIGINAL LEGAL DESCRIPTION Area 5-41 Being a portion of the Northeast quarter of Section 18, Township 30 South, Range 28 East, M.D.B.&M., more particularly described as follows: Beginning at the Northeast comer of said Section 18, said point being the centerline intersection of South Union Avenue and Planz Road; thence along the East line of said Section 18 and centerline of South Union Avenue, South 00000'23" East, a distance of 628.43 feet to the True Point of Beginning; 1) Thence continuing along said East line and centerline, South 00000'23" East, a distance of 451.87 feet; 2) Thence departing said East line and centerline, South 89053'00" West, a distance of 1174.93 feet, more or less, to a point on the Southwesterly right-of-way line of South Chester Avenue, said point being on a non-tangent curve, concave Northeasterly, with a radius of2055.00 feet; 3) Thence Northwesterly along said curve and right-of-way, through a central angle of 06054'45", an arc distance of247.93 feet; 4) Thence departing said curve and right-of-way, North 00000'40" West, a distance of 459.63 feet; 5) Thence North 89053'12" East, a distance of845.05 feet; 6) Thence South 00000'23" East, a distance of208.72 feet; 7) Thence North 89053'06" East, a distance of 475.17 feet more or less, to the True Point of Beginning. Containing 17.42 acres, more or less. EXHIBIT '~"'K~1> () ~ :>- .- ..... rn _ r- o D ORIGINAL c o r 'I f5 VI ::J1:3 ~ '" ~ :;: .. '''' ~~ ~ ~E g~ .,.-'" 8.... l8 ,,'" 6<ri ",,,, "'- ;;;8 "iO! ~~ MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 5-41, S. UNION, E. PLANZ NW) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA ~ N o NOT TO SCAlE / t PlANZ ROAD E COR SEe 18 JO/28 P.O.B. - - 589'53'1tW 845.05 "DIS1RICT BOUNDARY ~ 0 ~ # ~ .,; <) CD <1.' !oJ III 'l> :2 <1.' ~ T.P.O.B. N89'53'06" E 475.17 !.oJ :;) N - " ~ r ~ '1,' .." '1,' .... ;:..~ <1.' "'l! ~-.J !oJ 'b 1::1 <1.' '" ~ <1.' 57.75 589'53' W 1174.93' FII.ED IN lHE OFFICE Of' lHE alY a.ERK lHlS _ DAY Of' 2D~ FILED FOR RECORD lHlS _ DAY Of' 2lL... AT _ _II., IN BOOK _ Of' ASSESSIIENT DlSlRlCTS AT PAGE _ IN lHE OFFICE Of' 1HE CCUNlY RECORDER Of' 1HE CCUNlY Of' KERN, STAlE Of' CAlJf'ORHIA. alY a.ERK Of' lHE alY Of' IlAKERSFlELD, CAUFORNIA JAl.tES W FITCH COUNlY ASSESSQR-RECORDER AN ASSESSIIENT WAS I.EIIlED BY lHE alY CCUNCI. ON 1HE LOTS, PIECES AND PARCELS Of' LAND SHOWN ON lHlS ASSESSIIENT DIAGRAM. SAID ASSESSIIENT WAS I.EIIlED ON lHE _ DAY Of' 20~ SAID ASSESSMENT DIAGRAM AND lHE ASSESSIotENT ROLJ.. WERE RECORDED IN 1HE OFFICE Of' 1HE DEPARlWENT Of' PUBUC WORKS Of' SAID alY ON lHE _ DAY Of' 2Q...... REFERENCE IS IIADE TO lIfE ASSESSIotENT ROLJ.. RECORDED IN 1HE OfFICE Of' 1HE llEPARlWENT Of' PUBUC WORKS FOR lHE EXACT AMOUNT Of' EAai ASSESSIIENT LE\1ED AGAINST EACH PARCEl. Of' LAND SHOWN ON lHlS ASSESSIIENT DIAGRAM. BY CHIEF DEPUlY RECORDER RECORDED IN lHE OfFICE Of' lIfE llEPARlWENT Of' PUBUC WORKS lHlS _ DAY Of' 2Q...... DIRECTOR Of' PUBUC WORKS BAI<ERSF1ELD, CAUfORNIA ~ IQM~ EXHIBIT 1J. "'" rn r o L alY a..ERK Of' lHE alY Of' BAKERSFIELD, CAUFORNA ALE: M05-41 SHIlU 1 ., I CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel in the Street Landscaping Zone of Benefit shall be assessed the amount as defined in (1) below: Each parcel in the Park Zone of Benefit shall be assessed the amount as defined in (2) below: Each parcel in the Street and Park Zone of Benefit shall be assessed the sum of the amounts as defined in (1) and (2) below: (1) shall equal the dollar amount budgeted for the maintenance and operation of the STREET LANDSCAPING (S) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the street tier number, and; Divided by (b): The total number of street EDU's in the district. (1) = S x a x t b NOTE: Undeveloped residential and commercial parcels with no existing adjacent median or street landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped industrial parcels with no existing adjacent median or street landscaping shall be assessed one-fourth the number of EDU's for that parcel (2) shall be the dollar amount budgeted for the maintenance and operation of the PARKS (P) within the district, adjusted for prior year fund balance or deficit; Multiplied by (a): The number of EDU's for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the park tier number, and; Divided by (b): The total number of park EDU's in the district. (2) = P x a x t b Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to January 12, 2005 have been frozen at the 1996-1997 level. Areas formed after January 12, 2005 will be assessed an amount not to exceed $146.70 for 2005-2006. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. IQM~. EXHIBIT "C" ~ ~~ . Page 1 of 4 i= iTi "0 b ORIGINAL EQUIVALENT DWELLING UNIT (EDU) CHART An Equivalent Dwelling Unit (EDU) is equal to a single family residence. EDU's shall be calculated by use or potential use per zoning as follows: USE EDU 1.0 1.0 REMARKS Agricultural Zone Per parcel Single Family (Detached) Dwelling Unit, less than 5 acres Per parcel Undeveloped R-1 zoned 5 acres or more. 4/acre Rounded down to the nearest whole number. Undeveloped R-1 zoned, less than 5 acres. 1/acre Rounded down to the nearest whole number. Multi-Family (Attached) Undeveloped R-2, R-3 0.71/unit 0.71/unit Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Non Residential 6/acre Rounded to nearest .01 Mobile Homes in parks (Rent Space) 0.71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above. EXHIBIT "C" f'OM~-9 ~ <P Page 2 of 4 ;: ~ I- r- "0 D ORIGINAL EDU EXCEPTIONS Several exceptions have been made to the base EDU rates in the areas listed below due to commitments made at the time of formation of the original districts. USE EDU REMARKS Polo Grounds (1-04) Undeveloped R-1 zoned 5 acres or more. 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) Parkside VillaQe (2-01) Single Family Dwelling Unit (Vineyard) 1.0 Multi-Family Dwelling Unit (Shores) 0.86/unit Multi-Family Dwelling Unit (Edgewater, Brookhaven, Springs) 0.58/unit Non Residential (Castle & Cooke) 24.26 Non Residential (Parkside Partners) 7.56 Brimhall & VerduQo (1-09) Seven Oaks. North (2-11) & South (2-20) Undeveloped R-1 zoned 5 acres or more 3/acre California Avenue (1-07) Stockdale. California NE (1-18) Stockdale. VillaQe Lane (1-20) Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave.! Stockdale Hwy, frontage IQM~1> EXHIBIT "C" ~ ~ :>- .- Page 3 of 4 5 G ORIGINAL USE Union Avenue(4-07) Non Residential Silvercreek (3-04) 370-022-04 Chester Avenue (4-11,4-16) Wall Street (4-25) Saker Street (4-24) Baker Street II (4-29) Stockdale, Callowav (1-15) Coffee, Gosford (2-15) Stockdale. Buena Vista SW (2-22) S:\B30\211-00\docs\ExhC_06.doc EDU REMARKS 3 Per parcel 0.71/unit Shall be charged at R-3 rate, 12 units/Acre, as per GPA Resolution No. 22-94 Area for each parcel is based 6/acre 50% on lot area and 50% on building area. Park maintenance fee to be paid per Agreement 96-81 (1). Park maintenance fee to be paid per Ordinance No. 3957. EXHIBIT "C" ~ IQMf1> C) ~ Page 4 of 4= iTi - r- o D ORIGINAL EXHIBIT "0" MAINTENANCE DISTRICT AREA 5-41 Said assessment is made in accordance with the benefit formula attached hereto. 2007 -2008 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 $0.00 $0.00 $0.00 EXHIBIT ~ <oAk~1> () (j) "~ ~ - r- o D ORIGINAL EXHIBIT "E" MAINTENANCE DISTRICT AREA 5-41 ASSESSMENT ROLL FISCAL YEAR 2007-2008 Assessor's Tax No. Total amount to be collected for FY 2007-2008 025-030-1 0-01-8 025-030-11-00-2 025-030-14-00-1 025-030-15-00-4 $0.00 $0.00 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" X IQAk~-9 () % :>- -- I- rn - r- o D ORIGINAL Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel MaD No. 11554. All lots. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this _ day of , 200_, by William Lee. (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real property herein described is located within the Consolidated Maintenance District and may be assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way within the district. The appropriate Street and Park Tiers will be assigned when landscape and park improvements have been installed. Although this property may have been assessed a lesser amount in the present tax year, the ultimate estimated annual assessment for maintenance of a public park and public landscaping based on full buildout of this district, is $146.70 per equivalent dwelling unit, based on fiscal year 2004-2005 dollars and labor costs of the district. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price Index. (See Bakersfield City Council Resolution No. 019-05.) This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the land. Dated this day of ,200_. Owner(s )/Developer(s): William Lee City of Bakersfield: Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. MD5-41ymI1554.doc X 1Qf>..K~~ o ~ ;:.: fii - , o t:J ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 8th day of November, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1569, passed by the Bakersfield City Council at a meeting held on the 7th day of November, 2007 and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-41 (5 UNION, PLANZ SW), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OFF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By:~~~g DEPUTY City Clerk S:\DOCUMENT\FORMS\AOP. ROI.wpd 11/6/2007 X IQ f>..k ~ 1> () ~ :>- .- f- rn - r- o D ORIGINAL RESOLUTION OF INTENTION NO. 1569 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-41 (S. UNION, PLANZ SW), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PREUMINARIL Y ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. 1~-- i POSTED ON i {f /~ 16-7 i by City Clerk's Office , I City of ! Bak~~Sfield ~'!:=:A WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for an alternative procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the several lots or parcels of property within the maintenance district established therefore; and WHEREAS, the property owner has requested the City Council to include the property within the Consolidated Maintenance District in accordance with the procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield and the Public Works Director recommends addition of territory to the Consolidated Maintenance District; and WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 5-41 (5. Union, Planz 5W), to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the local improvements including a public park and public street landscaping; and WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his Report, attached hereto and incorporated herein by reference as Exhibit "1", containing the following: (a) a description of the boundary of the additional territory, attached hereto as Exhibit "A"; and (b) a map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; and (c) the benefit formula set forth as Exhibit "C"; and (d) a budget, Exhibit liD," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; and (e) the amount of assessment to be levied against each attached hereto as Exhibit "E"; and 1 parcel'K .M~~: ,( L\ ~'<:- , '5'~ CiJ .;~ ~ ~ !y ,_E;J c5m1GltN~