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HomeMy WebLinkAboutRES NO 182-02RESOLUTION NO. 182-02 A RESOLUTION ADDING TERRITORY, AREA 4-18 (MIRAMONTE, 178 SE), TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 3). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1283, adopted October 16, 2002, declared its intention to add territory, Area 4-18 (Miramonte, 178 SE), to the Consolidated Maintenance District, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4-18 (Miramonte, 178 SE), as shown and designated on that certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 4-18 (Miramonte, 178 SE), to the Consolidated Maintenance District, Bakersfield, California," for Fiscal Year 2002-2003 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; and WHEREAS, the Public Works Director duly filed with the City Clerk his Report, including a budget, assessment formula, improvements to be maintained by the district, description of property and proposed assessments; and WHEREAS, the City of Bakersfield has received a letter from the property owner within the additional territory, Area 4-18 (Miramonte, 178 SE), 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. The owner also has submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the assessment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory, Area 4-18 (Miramonte, 178 SE), to the Consolidated Maintenance District and confirms and adopts the Public Works Director's Report (attached hereto as Exhibit 1 and incorporated herein by reference), including the amounts of assessment for each assessed parcel, as set forth in the Public Works Director's Report. 1 3. Exhibits "A" and "B" describe the additional territory, Area 4-18 (Miramonte, 178 SE). 4. All parcels within this additional territory shall be assessed an amount not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C") per parcel. However, parcels will not be assessed until park and/or street landscape improvements have been installed. When park and/or street landscape improvements have been completed, the appropriate park and street tiers will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The benefit formula (Exhibit "C"), budget (Exhibit "D") and assessment roll (Exhibit "E") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2003-2004 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the Annual Report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. .......... 000 .......... 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 6 Z007. , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER 1~,-~¢''~--- COUNCILMEMBER ;~'~'~-' COUNCILMEMBER I%0_~¢.~ CITY CLERK and Ex Officio~:lerk of the Council of the City of Bakersfield APPROVED: NOV 6 '200?- HARVEY L. ~tAL~' w MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S\PROJECTS\MAiN DIST~ESTAB\MD4-18Est City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-18 (MIRAMONTE, 178 SE) Fiscal Year 2002-2003 Addition of territory, Area 4-18 (Miramonte, 178 SE) to the Consolidated Maintenance District is generally described as an area bounded by Highway 178 on the north, a line 3/8 miles east of Miramonte Drive on the east, a line 1/4 mile south of Highway 178 on the south, and Miramonte Drive 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 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 street 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 4-18 (Miramonte, 178 SE) 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. EXHIBIT "1" -' ~ 4 All parcels within this area shall be assessed an amount not to exceed $125.00 per equivalent dwelling unit (as that term is defined in Exhibit "C') per parcel. 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 tiers will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The area will consist of residential 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 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 2002-2003 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 4-18 (Miramonte, 178 SE), 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 "A" That portion of Parcel Map 6317, in the City of Bakersfield, County of Kern, State of California, as per map recorded September 28, 1981 in Book 27 Page 16 of Parcel I~aps, as revised by Certificate of Correction recorded 3une 30, 1982 in Book 5469 Page 2158 of Official Records~ as revised by Certificate of Compliance recorded 3uly 6, 1984 in Book 5673 Page 1768 of Official Records, and as revised by Certificate of Compliance recorded January 2~ 1985 in Book 5728 Page 2071 of Official Records, which portion is described as Parcel 3 of Certificate of Compliance recorded January 25, 1985 in Book 5728 Page 2071 of Official Records, more particularly described as follows: COMMENCTNG at point "A" described in Parcel 2 of said Certificate of Compliance; thence South 20© 42' 35" East, 56.31 feet; thence North 69° 17' 25" East 949.72 feet; thence South 29° 24' 29" East, 453.93 feet; thence South 39038'38'' West, 368.:L0 feet to a point on a non-tangent curve, concave Easterly, thence having a radius of 38.00 feet, from which the radial point bears South 12° 35' 00" West; thence Westerly and Southerly along said curve through a central angle of 156° 14' 04", an arc distance of 103.62 feet; thence South 36° 20' 56" West, 306.58 feet; thence South 85° 54' 00" West, 316.13 feet; thence South 06© 00' 30" East, 356.48 feet; thence South 60° 48' 00" West, 200.00 feet; thence South 49° 20' 39" West, 244.03 feet; thence North 37© 30' 00" West, 132.65 feet; thence North 32© 42' 52" West, 29.06 feet to a point on a non-tangent curve, concave Northerly, having a radius of 316.00 feet, from which the radial point bears North 39° 36' 04" West; thence Westerly along said curve through a central angle of 32° 46' 12", an arc distance of 180.73 feet; thence North 89° 56' 40" West, 40.16 feet; thence North 00© 03' 20" East, 38.00 feet to a point on a non-tangent curve, concave Northerly, having a radius of 201.00 feet, from which the radial point bears North 20° 06' 11" East; thence Easterly along said curve through a central angle of 136° 35' 10", an arc distance of 479.16 feet; thence North 26° 28' 59" West, 164.00 feet to the beginning of a 189.00 foot radius tangent curve, concave Southeasterly; thence Northerly and Easterly along said curve through a central angle of 116° 33' 28", an arc distance of 384.49 feet; thence South 15° 26' 38" East, 43.42 feet; thence North 74° 33' 22" East, 30.00 feet; thence North 15° 26' 38" West, 35.37 feet to a point on a non-tangent curve, concave Westerly having a radius of 157.00 feet, from which the radial point bears North 05° 13' 35" East; thence East, North and West along said curve through a central angle of 181° 42' 42", an arc distance of 497.92 feet; thence North 20° 42' 35" West, 174.10 feet to the point of beginning. Except as to the West half of the West half of Section 14, Township 29 South, Range 29 East, Nlount Diablo ~leridlan, excepting and reserving to the United States, all oil and gas deposits in the lands so selected, and to it or person authorized by it, the right to prospect for, mine, and remove the oil and gas deposits from the same, upon compliance with the conditions, and subject to the provisions and limitations of the Act of.luly 17, 1914 (38 Stat. 5;09) as excepted and reserved in the Patent to H.A. Mayhew, recorded October 1;t, 1918, in I~ook 17, Page 175 of Patents. MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-18 MIRAMONTE, 178 SE) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA 24 BOUNDARY EXHIBIT 'B' 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): Multiplied by (t): Divided by (b): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel, and; The factor for the tier level, which equals the street tier number, and; 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): Divided by (b): The factor for the tier level, which equals the park tier number, and; The total number of park EDU's in the district. (2) = P x a x t b EXHIBIT "C'' . Page 'f-Pf 4 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 Agricultural Zone Single Family (Detached) Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 5 acres or more. Undeveloped R-1 zoned, less than 5 acres. Multi-Family (Attached) Undeveloped R-2, R-3 EDU REMARKS 1.0 Per parcel 1.0 Per parcel 4/acre 1/acre 0.71/unit 0~71/unit Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use 6/acre 0.71/unit 1.00/unit Rounded down to the nearest whole number. Rounded down to the nearest whole number. Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Rounded to nearest .01 Each calculated per the above, EXH BIT .C- Page 2 r>f 4 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. Parkside Villa,qe (2-01) 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) 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 Oaks1 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, VillaRe Lane (1-20) Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave./ Stockdale Hwy, frontage EXHIBIT?'C" Page 3 of 4 USE Union Avenue(4-07) Non Residential Silvercreek (3-04) 370-022-04 Chester Avenue (4-11 & 4-16) EDU 3 0.71/unit 6/acre REMARKS Per parcel Shall be charged at R-3 12 units/A( Area for each parcel is based 50% on lot area and 50% on building area. Stockdale, Calioway (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. S:\PROJ£CTS\MAIN DIST\ExhibitC\ExhC02 wpd EXHIBIT"C" Page :4 of 4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 4-18 Said assessment is made in accordance with the benefit formula attached hereto. 2002-2003 BUDGET Gross Budget Amount Required $0.00 {City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) $0.00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 EXHIBIT "D" ~ EXHIBIT "E" MAINTENANCE DISTRICT AREA 4-18 Assessor's Parcel No. as shown on Map Exhibit "B" 387-010-30-00-0 ASSESSMENT ROLL FISCAL YEAR 2002-2003 Total amount to be collected for FY 2002-2003 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E"