HomeMy WebLinkAboutROI NO 1703RESOLUTION OF INTENTION NO. 1703
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 2-48 (6465 MING AVENUE), 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 THE ASSESSMENT TO BE LEVIED AGAINST
EACH PARCEL. (WARD 4)
WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield
provides for a 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 lots or parcels of property within the established Consolidated Maintenance
District ("CMD"), The assessments to be placed on parcels within this district area reflect that
portion of the cost of maintenance of a public park and public street landscaping ("special
benefit") above and beyond the basic cost of maintenance of a public park and public
street landscaping throughout the City ("general benefit"); and
WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit A), the
property within this new district reflects that portion of the cost of maintenance of a public
street landscaping and/or public park, based on the location of said improvements in or
near said area, above and beyond the general benefit of parcels within the City that are
not part of the CMD. Each parcel within this area will be assessed its proportionate share of
special benefit based on the zoning, usage, and size of the parcel; and
WHEREAS, the property owner has requested the City Council to include the
property within the CMD pursuant to 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
CMD; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to add
territory, Area 2-48 to the CMD, said area is generally described in Exhibit "B" attached
hereto, to maintain 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
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b) A map and assessment diagram of the additional territory, attached hereto
as Exhibit "B"; and
c) The benefit formula attached hereto as Exhibit "C"; and
d) A budget, attached hereto as 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
f) The letter from the property owner(s) requesting inclusion within the CMD
attached hereto as Exhibit "F"; and
WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the
property described in Exhibit "B," 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
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 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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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 2.8 7011 , by the following vote:
✓ ✓ ✓ ✓ ✓ I/
COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER lrlb(\91
ABSTAIN: COUNCILMEMBER mm
ABSENT: COUNCILMEMBER •NOili
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ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
SEP 2 8 2011
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
J SHUA RUDNICK
eputy City Attorney
Attachments: Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
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PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 2-48
Fiscal Year 2011-2012
Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is
generally described as the southeast corner of Ming Avenue and Ashe Road and 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 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.
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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.
All parcels as described in the Benefit Formula on file with the City Clerk 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 2011-2012 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: /11JI11
RAUL M. RO AS
Director of Public Works
City of Bakersfield
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LEGAL DESCRIPTION
Area 2-48
An area located in Section 10, Township 30, Range 27 M.D.B. & M., more
particularly described as follows;
Parcel Map Waiver 11-0334
6465 Ming Avenue Bakersfield California
Containing; 4.52 Acres, more or less,
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EXHIBIT
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ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 2-48) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
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D- A]
NOT 70 SCALE
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EXHIBIT "Bt o
rxt: MD 2_.48 SHEET t wsA n i r k i w i
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
Recreation and Parks Department through separate policy.
Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined on
page 2 of this exhibit) for the parcel.
Multiplied by (Tier): The factor for the tier level, which equals the street or tier number.
This tier is assigned by the Recreation and Parks Department for
the entire area of the Consolidated Maintenance District.
County Fee(fier): The County of Kern Assessors Office charges a fee for each
parcel added to their tax roll.
Total Assessment ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee)
Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to
Proposition 218 have been frozen at their current rate.
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 "C' m
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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 requesting formation of a
maintenance district, or joining a maintenance district, as a condition of a zone change, or
general plan amendment, or conditional use permit, or during site plan review where deemed
necessary by the city."
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 of: 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):
b 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
4
R-2
17.42 max,
R-3
34.85 max,
R-4
72.6 max.
E
4.36
R-S
1.82
R-S-1 A
1
R-S-2.5A
0.4
R-S-5A
0.2
R-S- I OA
0.1
Commercial / Industrial / Mixed Use: 6 EDU per gross acre
Agricultural: 1 EDU per gross acre
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EXHIBIT 99
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MAINTENANCE DISTRICT AREA 2-48
Said assessment is made in accordance with the benefit formula attached hereto.
2011-2012
BUDGET
Gross Budget Amount Required $0.00
(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
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EXHIBIT "Ut o
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MAINTENANCE DISTRICT AREA 2-48
Assessor's Tax No.
355-460-17-00-1
Total
Date;
ASSESSMENT ROLL
FISCAL YEAR 2011-2012
Total amount to
be collected for
FY (2011-2012)
$0.00
$0.00
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT E
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AM.D.xIWSON CO., INC
MD 2 -LA e)
September 1, 2011
Commercial Real Estate Services
City of Bakersfield- Public Works Department
Attn: Marian P. Shaw
1600 Truxtun Avenue
Bakersfield, Ca 93301
® ES . 982
Re: Inclusion of Parcel Map Waiver No. 11-334 in a Consolidated Maintenance District
(CMD)
Dear Mrs. Shaw,
We, undersigned, as owners of the property included within Parcel Map Waiver No.11-334
hereby request that the property be included within the CMD. This request is in accordance with
the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for
$1816.20 as required by the City to cover the costs of the inclusion into the CMD. If requested,
our engineer will supply you with a computer disk copy of the map for your use,
We understand that under Proposition 218 and Government Code section 53753 ("applicable
law"), a City Council hearing will be held for purpose including the above property within the
CMD and determining the amount of assessments. We herby waive our right to have hearing
with the time parameters set forth in the applicable law. We further understand that the hearing is
scheduled for , 2011 at 5:15 in the Council Chambers located at 1501 Truxtun Ave.,
Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing.
Respectfully,
elvin A inson
Sagepointe LLC
Butler-Atkinson Partnership
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The Kress Building ACCREDITED MANAGEMENT ORGANIZATION®
1401 19th Street - Suite 400 of the Institute of Real Estate Management
Bakersfield, CA 93301 Corporate RE Lic. Number 00901749
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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
LAND DIVISION IN PROGRESS:
Parcel Man Waiver 11-0334
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on Thursday, September 15, 2011 by
Melvin D. Atkinson, Partner , 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 Thursday, September 15, 201 1
Owner(s)/Developer(s): City of Bakersfield:
Melvin D. Atkinson, Partner
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
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 30th day of September, 2011 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Resolution of Intention No. 1703,
passed by the Bakersfield City Council at a meeting held on the 28th day of September,
2011 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA
2-48 (6465 MING AVENUE) 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 THE ASSESSMENT TO BE LEVIED
AGAINST EACH PARCEL. (WARD 4)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPUT City Cle k
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