HomeMy WebLinkAboutROI NO 1576
RESOLUTION OF INTENTION NO. 1576
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-76 (PANAMA, PROGRESS SE), TO
THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S
REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE
AMOUNT OF ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL.
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide
for the payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the several lots or parcels of property within the
maintenance district established therefore; and
WHEREAS, the property owner has requested the City Council to include
the property within the Consolidated Maintenance District in accordance with the
procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of
the City of Bakersfield and the Public Works Director recommends addition of territory to
the Consolidated Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield
to add territory, Area 3-76 (Panama, Progress SE), to the Consolidated Maintenance
District, said area is generally described in Exhibit "A" attached hereto, to maintain and
operate the local improvements including a public park and public street landscaping;
and
WHEREAS, the Public Works Director has on this date filed with the Clerk
of said Council his Report, attached hereto and incorporated herein by reference as
Exhibit "1", containing the following:
(a) a description of the boundary of the additional territory, attached
hereto as Exhibit "A"; and
(b) a map and assessment diagram of the additional territory, attached
hereto as Exhibit "B"; and
(c) the benefit formula set forth as Exhibit "C"; and
(d) a budget, Exhibit "D," containing the matters specified in Section
13.04.130 of the Bakersfield Municipal Code; and
(e)
the amount of assessment to be levied against each parcel,
attached hereto as Exhibit "E"; and
1
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WHEREAS, the City of Bakersfield has received a letter from the owner(s)
of the property described in Parcel Map No. 11783, 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(s) have returned their assessment
ballot(s) indicating their support of the proposed assessments and inclusion in the
Consolidated Maintenance District.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
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 3-76 (Panama, Progress SE), benefiting from
said local improvements; that the expense of maintaining and operating said
improvements is hereby made assessable upon said area; and that the exterior
boundaries thereof are hereby specified and described to be as shown on that certain
map marked Exhibit "B", entitled "Map and Assessment Diagram for Addition of
Territory, Area 3-76 (Panama, Progress SE) to the Consolidated Maintenance District,
Bakersfield, California," which map indicates by a boundary line the extent of the
territory to be added to the Consolidated Maintenance District and shall govern for all
details as to the extent of the addition.
3. Each parcel identified in Exhibit "E" is included in the Street
Landscape and Park Zones of benefit and is assessed an amount not to exceed the
amount established in Resolution No. 019-05 per equivalent dwelling unit per year. In
each subsequent year, annual assessments may increase by the cost of living reflected
in the Los Angeles-Riverside-Orange County/All Urban Consumers Consumer Price
Index.
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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 2 8 7007 ' by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CAR'SON, BENHAM, WEIR, OOUGH-, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER <'- n
tJ5St. CITY CLERK and Ex Offici erk of the
Council of the City of Bake sfield
APPROVED:
NOV 2 8 2007
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ~1Jz. ~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
MD3-76ri05.doc
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ORIGINAl
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-76 (PANAMA, PROGRESS SE)
Fiscal Year 2007-2008
Addition of territory, Area 3-76 (Panama, Progress SE) to the
Consolidated Maintenance District is generally described as an area bounded by a line
approximately 680 feet south of Panama Lane on the north, a line approximately 1,320
feet east of Progress Road on the east, a line approximately 1,310 feet south of
Panama Lane on the south and Progress Road on the west as specifically shown on
Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated
herein by reference as though fully set forth, as an area within the City of Bakersfield.
Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal
Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the
Public Works Director makes and files this Report and proposed assessment of and
upon all parcels of property within the area for the cost of maintaining a public park
and public street medians and other public street landscaping. The improvements
generally include, but are not limited to, recreation and sports equipment including
swings, slides, play structures and storage buildings; picnic facilities including tables,
benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system
including water mains, sprinklers, fountains, and electrical wires, conduits and timers;
plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways
now existing or hereafter to be constructed or planted in and for said area and are of a
public nature. The assessment includes the cost of necessary repairs, replacement,
water, electricity, care, supervision and any and all other items necessary for the proper
maintenance and operation thereof, and all additions and improvements thereto which
may hereafter be made.
For many years, public parks, public streets median and other public
street landscaping improvements in the City were maintained through traditional tax
revenues. After Proposition 13, in 1978, funds available for maintenance and operation
of parks, street median and other street landscaping improvements were substantially
reduced. At present, the City's budget does not allow for maintenance and operation of
park and street landscaping improvements of the type described above. Thus, without
funds for maintenance and operating costs from a source other than general tax
revenues, the City does not permit new public parks, street median and other street
landscaping improvements to be constructed within the City.
Additional territory, Area 3-76 (Panama, Progress SE) is being added to
EXHIBIT "1"
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ORIGINAl.
the 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 liE," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 3-76 (Panama, Progress SE), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
1/ /!T/ t)""}-
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RAUL M. ROJAS -
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 3-76
Being a portion of the Northeast quarter of Section 29, Township 30 South, Range 27 East, M.D.B.&M.,
more particularly described as follows:
Beginning at the North quarter comer of said Section 29, said point being the centerline intersection of
Panama Lane and Progress Road; thence along the North-South center section line of said Section 29
and centerline of Progress Road, South 00035'24" West, a distance of682.26 feet to the True Point of
Beginning;
1) Thence departing said center section line and centerline, South 89016'58" East, a distance of
809.67 feet;
2) Thence North 00035'04" East, a distance of30.00 feet;
3) Thence South 89016'58" East, a distance of 509.62 feet;
4) Thence South 00034'45" West, a distance of660.01 feet;
5) Thence North 89017'06" West, a distance of 1319.41 feet, more or less, to a point on the North-
South center section line of said Section 29, said point also being on the centerline of Progress
Road;
6) Thence along said center section line and centerline, North 00035'24" East, a distance of 630.06
feet, more or less, to the True Point of Beginning.
Containing 19.43 acres, more or less.
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MAP AND ASSESSMENT DIAGRAM
FOR ADDI110N OF lEFRTORY
<AREA 3-76, PANAMA PROaFE88 SE) TO niE
CONSOLDAlED MAIN1ENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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DISTRICT BOUNDARY
FILED IN THE 0FF1CE or THE aTY a..ERK THIS _ DAY
or 2<L-
F1LED FOR RECORD THIS _ DAY or
2lL.... AT _ _.... II lOOK _ or ASlIESSlIENT
DlS1RIClS AT PAClE _'N THE DFFlCE or THE CClUNTY
RECORDER or THE COUNTY or KERN. STATE or CAUFllIlNlA.
aTY a..ERK or THE QTY or
BAlCERSFlElD, CAUFllIlN/A
JAMJ;:S W FITCH
CClUNTY ASSESSOR-RECORDER
AN ASSESSlIENT WAS I.E'AED BY THE QTY CCUNQL <IN THE LOTS,
PIECES AND PARCELS or LAND SHOIWl <IN THIS ASSESSIIENT DlAGRAlI.
SAID ASSESSIIENT WAS LE'IIm <IN THE _ DAY or
20....; SAID ASSESSIIENT DIAGRAM N<<J
THE ASSESSIIENT RaJ. ERE RECORDED IN THE OfFICE or THE
DEPARllIENT or PUa.IC WORKS or SAID aTY <IN THE _ DAY
or 2<L- REFERENCE IS "ADE 10 THE
ASSESSIIENT RaJ. RECORDED IN THE DFFlCE or THE DEPNmlENT or
PUBUC WORKS FOR THE EXACT AlIOUNT or EACH ASSESSIotENT LEWD
AGAINST EACH PARCEl. or LAND SHOWN <IN THIS ASSESSIIENT DlAGRAIot.
BY
QIEF DEPUTY RECCIRIlER
RECClAOED IN THE DFFlCE or THE DEPARllIENT or PUBUC WORKS
THIS _ DAY or 2CL.
DlRECTllR or PUBUC WCRI<S
BNCERSF1EI.D. CAUFllIlNlA
QTY a.ERK or THE aTY or
BAKERSFIElD, CAI.JFllRNtA
EXHBIT ~~~. ~
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O~I.1NAI
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
~ 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. ~K J:-
EXHIBIT "C" ~ ~ ~1>
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ORIGINAL
EQUIVALENT DWELLING UNIT (5QY) 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:
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EOU
1.0
REMARKS
Agricultural Zone
Per parcel
Single Family (Detached)
Dwelling Unit, less than
5 acres
1.0
Per parcel
Undeveloped R-1 zoned
5 acres or more.
4/acre
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned,
less than 5 acres.
1/acre
Rounded down to the
nearest whole number.
Multi-Family (Attached)
0.71/unit
Undeveloped R-2, R-3
0.71/unit
Number of units shall equal
the acreage multiplied by 12
rounded down to the nearest
whole number.
Non Residential
6/acre
Rounded to nearest .01
Mobile Homes in parks
(Rent Space)
0.71/unit
Mobile Homes in
subdivisions (Owner)
1.00/unit
Mixed Use
Each calculated per the
above.
EXHIBIT "C"
Page 2 of 4
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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.
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Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
Parkside Villaae (2-01)
Single Family
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential
(Castle & Cooke)
Non Residential
(Parkside Partners)
Brimhall & Verduoo (1-09)
Seven Oaks. North (2-11) & South (2-20)
Undeveloped R-1 zoned
5 acres or more
California Avenue (1-07)
Stockdale. California NE (1-18)
Stockdale, Villaoe Lane (1-20)
Non Residential
EDU
REMARKS
3.28/acre
Rounded down to the
nearest whole number.
(Per condition of
Annexation) .
1.0
0.86/unit
0.58/unit
24.26
7.56
3/acre
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.!
Stockdale Hwy, frontage
EXHIBIT "C"
Page 3 of 4
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ORIGINAL
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11, 4-16)
Wall Street (4-25)
Baker Street (4-24)
Baker Street II (4-29)
Stockdale. Callowav (1-15)
Coffee. Gosford (2-15)
Stockdale. Buena Vista SW (2-22)
S:\B30\211-00\docs\ExhC_06.doc
EDU
REMARKS
3
Per parcel
0.71/unit
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Area for each parcel is based
6/acre
50% on lot area and 50% on
building area.
Park maintenance fee to be
paid per Agreement 96-81 (1).
Park maintenance fee to be
paid per Ordinance No. 3957.
EXHIBIT "C"
Page 4 of 4
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EXHIBIT "0"
MAINTENANCE DISTRICT AREA 3-76
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
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ORIGINAl
EXHIBIT "e"
MAINTENANCe DISTRICT AREA 3-76
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Assessor's Tax No.
Total amount to
be collected for
FY 2007-2008
540-010-15-00-4
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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Recording requested by
and for the benefit of
the City of Bakersfield.
When recorded mail to:
City of Bakersfield
City Clerk's Office
1501 Truxtun Avenue
Bakersfield, CA 93301
THIS SPACE FOR RECORDER'S USE ONLY
Parcel Map No. 11783. All lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of , 200-, by
Davis Familv Trust. (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 ):
Davis Family Trust
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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MD3-76_PMl1783.doc
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 29th 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. 1576,
passed by the Bakersfield City Council at a meeting held on the 28th day of November,
2007 and entitled:
A RESOLUTION OF THE COUNCIL DECLARING ITS INTENTION TO
ADD TERRITORY, AREA 3-76 (PANAMA, PROGRESS SE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY
ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS
DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:~~da)JJ'O/~
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .ROI.wpd
11/30/2007
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ORIGINAL
RESOLUTION OF INTENTION NO. 1576
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-76 (PANAMA, PROGRESS SE), 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.
- -." .'..'----........----..,....,
DOSTED ON
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,
City of
I Bakersfield
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WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of
Bakersfield provides for an alternative procedure by which the City Council may provide
for the payment of the whole or any part of the costs and expenses of maintaining and
operating any public improvements which are local in nature, from annual benefit
assessments apportioned among the several lots or parcels of property within the
maintenance district established therefore; and
WHEREAS, the property owner has requested the City Council to include
the property within the Consolidated Maintenance District in accordance with the
procedures established therefore by Chapter 13.04 of Title 13 of the Municipal Code of
the City of Bakersfield and the Public Works Director recommends addition of territory to
the Consolidated Maintenance District; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield
to add territory, Area 3-76 (Panama, Progress SE), 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 "An; 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 liE"; and
1
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