HomeMy WebLinkAboutROI NO 1602RESOLUTION OF INTENTION NO. 1602
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-84 (CANYONS #1), 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 4-84 (Canyons #1 ), 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
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WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Parcel Map No. 11189, 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:
1. The foregoing recitals are true and correct and are incorporated
herein.
2. The City Council hereby preliminarily adopts and approves the
Public Works Director's Report and declares that the territory within the boundaries so
specified and described is the area, Area 4-84 (Canyons #1), 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 4-84 (Canyons
#1) 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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adopted by the
HEREBY CERTIFY that the foregoing Resolution was passed and
Council of the City of Bakersfield at a regular meeting thereof held on
MAY 2 1 2008 , by the following vote:
AYES COUNCILMEMBER
S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
BEPIN,4M, WEIR, COUCH, HAN ON, SUL IL VAN, SCRIVNER
r~ss-~, CITY CLERK and Ex Offi o Jerk of the
Council of the City of Bak rsfield
APPROVED: MAY 21 2008
HARVEY L. MALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
MD4-84ri05.doc
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-84 (CANYONS #1)
Fiscal Year 2007-2008
Addition of territory, Area 4-84 (Canyons #1) to the Consolidated
Maintenance District is generally described as an area bounded by a line approximately
2 miles north of Paladino Drive on the north, a line approximately 1 mile south of
Paladino Drive on the south, and Alfred Harrell Highway on the east and 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 4-84 (Canyons #1) is being added to the
EXHIBIT "1"
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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 residential and 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.
A public park will benefit all the residential lots and public median and
street landscaping will benefit all the lots or parcels and will be assessed on an
Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth
herein as Exhibit "C" and attached hereto and incorporated in this resolution as though
fully set forth herein.
NOW THEREFORE, I, RAUL M. ROJAS, Director of Public Works of the
City of Bakersfield, by virtue of the power vested in me and the order of the Council of
said City, hereby submit the Fiscal Year 2007-2008 Budget and Assessment Roll as set
forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 4-84 (Canyons #1 ), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated: _~~~~
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
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LEGAL DESCRIPTION
Area 4-84
Being a portion of Section 1, Township 29 South, Range 28 East, and Section 6, Township 29 South,
Range 29 East, M.D.B.&M., more particularly described as follows:
Beginning at the Northwest corner of said Section 1, said point being the True Point of Beginning;
1) Thence along the North line of said Section 1, North 89°10'29" East, a distance of 2653.83 feet;
2) Thence continuing along said North line, North 89°23'53" East, a distance of 2639.28 feet to the
Northwest corner of said Section 6;
3) Thence along the West line of said Section 6, South 00°04'25" East, a distance of 1317.91 feet;
4) Thence departing said West line, North 89°48'58" East, a distance of 1337.28 feet;
5) Thence North 00°05'22" West, a distance of 1338.29 feet to a point on the North line of said
Section 6;
6) Thence along said North line, North 88°56'45" East, a distance of 1336.84 feet to the North
quarter corner of said Section 6;
7) Thence along the North-South center section line of said Section 6, South 00°05'22" West, a
distance of 2678.14 feet;
8) Thence continuing along said center section line, South 00°06'20" West, a distance of 1322.36
feet;
9) Thence departing said center section line, North 89°50'06", a distance of 1308.53 feet;
10) Thence South 00°22'46" East, a distance of 1321.65 feet to a point on the South line of said
Section 6;
11) Thence along said South line, South 89°49' 16" West, a distance of 1319.72 feet to the South
quarter corner of said Section 6;
12) Thence continuing along said South line, South 89°49' 10" West, a distance of 2656.65 feet to the
Southwest corner of said Section 6;
13) Thence along the South line of said Section 1, South 89°30'57" West, a distance of 2676.42 feet;
14) Thence departing said South line, North 00°19' 15" East, a distance of 660.99 feet;
15) Thence South 89°31'06" West, a distance of 333.65 feet;
16) Thence North 00°22'59" East, a distance of 303.03 feet;
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17) Thence South 89°31'06" West, a distance of 335.04 feet;
18) Thence North 00°22'59" East, a distance of 235.68 feet;
19) Thence South 89°31'23" West, a distance of 2003.06 feet;
20) Thence North 00°34'03" East, a distance of 377.47 feet;
21) Thence North 11°38'55" East, a distance of 560.81 feet;
22) Thence North 12°45'21" East, a distance of 761.03 feet;
23) Thence North 00°39'54" East, a distance of 1011.39 feet;
24) Thence North 31°01'04" West, a distance of 515.91 feet to a point on the West line of said
Section 1;
25) Thence along said West line, North 00°33'59" East, a distance of 938.48 feet, more or less
to the
True Point of Beginning. ,
Containing 888.68 acres, more or less.
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EXHIBIT ~~`A~' ~
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-84, CANYONS #1) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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NOT TO SCALE
NW COR. SEC110N 1 DISTRICT BOUNDARY NW COR. SECTION 6
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N89'10'29'E N89'23'53'E N88S8'~5'E
2853.83'
' N 1 4 COR. SECTION 8
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8 N12'45'21'E 781.03'
S 9 N31O1'04'W 515.91'
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1 N00'19'15'E 880.99' 4
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3 N00'22'S9'E 303.03' 2
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5 N0072'S9'E 235.88' 1
S89'30'57'W 2878.42 S89'49'10'W 2858.65' N89'49'18'E
S 1/4 COR. SECTION 1 1319.72'
_-SW COR. SEC110N 8 - S 1/4 COR. SECTION 8
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EXHIBIT ~A
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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) = Sxaxt
b
NOTE: Undeveloped residential and commercial parcels with existing adjacent median or street
landscaping shall be assessed one-half the number of EDU's for that parcel. Undeveloped
industrial parcels with 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) = Pxaxt
b
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
January 12, 2005 have been frozen at the 1996-1997 level. Areas formed after January 12, 2005 will be
assessed an amount not to exceed $146.70 for 2005-2006. In each subsequent year, annual
assessments may increase by the cost of living reflected in the Los Angeles-Riverside-Orange County/All
Urban Consumers Consumer Price Index.
EXHIBIT "C" ~~~~'~`~~9~
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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 REMARKS
Agricultural Zone 1.0 Per parcel
Single Family (Detached) 1.0 Per parcel
Dwelling Unit, less than
5 acres
Undeveloped R-1 zoned 4/acre Rounded down to the
5 acres or more. nearest whole number.
Undeveloped R-1 zoned, 1/acre Rounded down to the
less than 5 acres. 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 0.71/unit
(Rent Space)
Mobile Homes in 1.00/unit
subdivisions (Owner)
Mixed Use Each calculated per the
above.
EXHIBIT "C" o~~~~``~,~~
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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.
USE EDU RE_
Polo Grounds (1-04)
Undeveloped R-1 zoned 3.28/acre Rounded down to the
5 acres or more. nearest whole number.
(Per condition of
Annexation)
Parkside Villaae (2-01)
Single Family 1.0
Dwelling Unit (Vineyard)
Multi-Family 0.86/unit
Dwelling Unit (Shores)
Multi-Family 0.58/unit
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential 24.26
(Castle & Cooke)
Non Residential 7.56
(Parkside Partners)
Brimhall & Verduao (1-09)
Seven Oaks, North (2-11) & South (2-20)
Undeveloped R-1 zoned 3/acre
5 acres or more
California Avenue (1-07)
Stockdale, California NE (1-18~
Stockdale, Village Lane (1-20)
Non Residential 1.0 Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
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EXHIBIT "C" o~ `' F9~,
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USE EDU REMARKS
Union Avenue(4-07)
Non Residential 3 Per parcel
Silvercreek (3-04)
370-022-04 0.71/unit Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
Chester Avenue (4-11 4-16)
Wall Street (4-25) Area for each parcel is based
Baker Street (4-24)
Baker Street II (4-29) 6/acre 50% on lot area and 50% on
19 , Eve, W (4-52) building area.
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15) Park maintenance fee to be
paid per Agreement 96-81(1).
Stockdale, Buena Vista SW (2-22) Park maintenance fee to be
paid per Ordinance No. 3957.
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EXHIBIT "C' ~<~Ak~°~;
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EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-84
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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EXHIBIT "E"
MAINTENANCE DISTRICT AREA 4-84
ASSESSMENT ROLL
FISCAL YEAR 2007-2008
Assessor's Tax No. Total amount to
be collected for
FY 2007-2008
386-030-02-00-8 $0.00
386-030-04-00-4 $0.00
386-030-12-00-7 $0.00
436-010-37-00-8 $0.00
Total $0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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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 Man No. 11189, Parcels 1 through 27.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of , 200_, by
Canyons, LLC and DKS Investments, LLC, (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): City of Bakersfield:
Canyons, LLC and DKS Investments, LLC
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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