HomeMy WebLinkAboutROI NO 1619RESOLUTION OF INTENTION NO. 1619
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 5-56 (8601 S H STREET), TO THE
CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTORS
REPORT, THE BOUNDARIES OF THE ADDITION, THE
FAIRNESS OF THE BENEFIT FORMULA, AND THE
AMOUNT OF THE ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL. (WARD 7)
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 5-56 (8601 S H Street), 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,
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attached hereto as Exhibit "E"; and
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Exhibit "A," 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, 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, 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 shalt 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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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
SEP 0 3 1008 , by the following vote:
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HAN50N, SUL IL VAN, SCRI NV ER
ON ES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER _ _
ABSENT: COUNCILMEMBER ~~
APPROVED: SEP 0 3 2008
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
CITY CLERK and Ex Officio Clerk of e
Council of the City of Bakersfield
By: ~~~ `)12~- G5~"~
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-56
Fiscal Year 2008-2009
Addition of territory, as shown in Exhibit "E" to the Consolidated
Maintenance District is generally described as 8601 S H Street or ATN 514-030-11-00-7
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, as shown in Exhibit "E" is being added to 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
EXHIBIT "1"
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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 2008-2009 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,
subject to be assessed to pay the cost of maintenance and operation in said area.
Dated: ~ -zti o ~
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RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
2
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LEGAL DESCRIPTION
Area 5-56 (8601 S H Street)
An area located in Section 36, Township 30, Range 27 M.D.B. & M., more particularly
described as follows:
Site Plan Review 06-0749
8601 South H. Street Bakersfield California
Containing: 16.31 Acres, more or less.
EXHIBIT "r~~~KF ~^
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MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
CAREA 5-56) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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CONSOLIDATED MAINTENANCE DISTRICT
CITY OF BAKERSFIELD
BENEFIT FORMULA
Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined
below:
Rate:
Shall equal the dollar amount shown per the tier level of your zone of the Consolidated
Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as
approved by City Council Resolution 019-15. As per the Resolution, "Said amounts shall be
increased annually by the cost of living increase reflected in the Los Angeles -Riverside -Orange
County /All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street
Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Parks and
Recreation Dept. through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this
Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is
assigned by the Parks and Recreation department for the entire area of the
Consolidated Maintenance District.
County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to
their tax roll.
Total Assessment $_ ((Park Rate x Park Tierl x EDUI) + ((Street Rate x Street Tierl x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior
Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on
their Proposition 218 ballot.
On January 12, 2005 the city passed Resolution 19-05 which allowed for an escalator on the
maximum assessment. Any areas formed after Proposition 218 and which have ballots which include
this escalator may be increased according to their ballot terms.
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EXHIBIT "Cx"~ `''~
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A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the
below conditions occurs:
1. Bakersfield Municipal code 13.04.021:
"It is the policy of the city to include within a maintenance district all new developments that are
subject to the Subdivision Map Act and that benefit from landscaping in the public right-of--way
and/or public parks. Nothing shall preclude the city from
2. Bakersfield Municipal Code 13.04.022 (a):
"No final map or certificate of compliance for a parcel map waiver may be recorded absent
establishment of a maintenance district to provide for all future maintenance of any landscaping in
the public right-of--way and of any public park required as a condition of approval of the development
project for the area covered by the final map or parcel map waiver."
3. City staff determines this is necessary as part o£ Site Plan Review Conditions, Zone Change, a
General Plan Amendment, or a Conditional Use Permit.
Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be
adjusted given special conditions or agreements as necessary to adequately reflect the conditions of
the site at the time of formation. Developed Parcels will be assessed by their actual units on their site
as per their plans, map, or current use.
Single Family Residential Parcels: 1 EDU per Parcel
Mobile Home Parks: 1 EDU per Space /Lot
Multifamily Residential Parcels: .71 EDU per Unit
(Commercial /Industrial /Mixed Use): 6 EDU per Acre
Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max
theoretical density as used by the City of Bakersfield Planning Dept. Those densities are:
Zone EDU's per gross acre
R-1 7.26
R-2 17.42
R-3 34.85
R-4 72.6
E:
R-S 4.36
1.82
R-S-1 A 1
R-S-2.5A 0.4
R-S-5A 0.2
R-S-10A 0.1
Commercial /Industrial /Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
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EXHIBIT "~"
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MAINTENANCE DISTRICT AREA 5-56
Said assessment is made in accordance with the benefit formula attached hereto.
2008-2009
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
*'' Previous Years Deficits No Longer Carried Forward.
$0.00
$0.00
$0.00
$0.00
EXHIBIT
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MAINTENANCE DISTRICT AREA 5-56
Assessor's Tax No.
514-030-11-00-7
Total
Date:
ASSESSMENT ROLL
FISCAL YEAR 2008-2009
Total amount to
be collected for
FY (2008-2009)
$0.00
$0.00
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
Site Plan Review 06-0749
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on Wednesday, August 20, 2008 by
Gurmeet Singh ,Bakersfield, herein after referred to as ("Owner"), in
connection with the Consolidated Maintenance District, located in the City of Bakersfield, CA.
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 by the Parks and
Recreation Department.
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 build
out of this district, is $146.70 per equivalent dwelling unit, based on fiscal year 2005-2006 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 Wednesday, August 20, 2008
Owner(s)/Developer(s):
Gurmeet Singh, President Guru
Nanak Miossion of Bakersfield Inc.
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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THIS SPACE FOR RECORDER'S USE ONLY