HomeMy WebLinkAboutROI NO 1191RESOLUTION OF INTENTION NO. 1191
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, (AREA 2-18, BUENA VISTA, MING), 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 therefor; and
WHEREAS, the property owner(s) has. requested the City Council to
establish a maintenance district in accordance with the procedures established therefor
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, the City owns 2 fire station parcels within the proposed
additional territory and under Proposition 218 municipal parcels are not exempt from being
assessed; and
WHEREAS, it is the intention of the City Council of the City of Bakersfield to
add territory (Area 2-18, Buena Vista, Ming) to the Consolidated Maintenance District, said
area is generally described in Exhibit "A" attached hereto, to maintain and operate the
local improvements including public street landscaping; and
WHEREAS, the Public Works I::~irector 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 incorporated as though fully set forth;
(b)
the improvements to be maintained by this addition specifically are
various items included within the boundaries as shown on Map and
Assessment Diagram, Exhibit "B", on file in the offices of the City
Clerk and Public Works Director of the City;
(c) the Benefit Formula set forth as Exhibit "C";
(d)
a Budget, Exhibit "D", containing the matters specified in Section
13.04.130 of the Bakersfield Municipal Code; and
re)
the amount of assessment to be levied against each parcel, attached
hereto as Exhibit "E" and incorporated as though fully set forth; and
WHEREAS, the City of Bakersfield has received a letter from the owners of
the property described in Parcel Map No. 10403 and Section 12, T 30 S,. R 26 E, which
waives any and all hearings (whether pursuant to the Brown Act, Proposition 218, its
enabling legislation, the Bakersfield Municipal Code, or any other law) concerning the
formation of and assessments for inclusion in the Consolidated Maintenance District. The
owners also waive all rights under Proposition 218 to formally vote on the assessments
and indicated their consent to the assessments.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield, State of California, as follows:
The foregoing recitals are true and correct and are incorporated
herein.
2. The City Council hereby waives any and all hearings (whether
pursuant to the Brown Act, Proposition 218, its enabling legislation, the Bakersfield
Municipal Code, or any other law) concerning the formation of and assessments for
inclusion in the Consolidated Maintenance District and also waives all rights under
Proposition 218 to formally vote on the assessments and consents to the assessments.
3. 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 2-18, Buena Vista, Ming) benefitting 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 now on file in the Office of the
City Clerk of the City of Bakersfield and in the Office of the Public Works Director, marked
Exhibit "B", attached hereto and incorporated in this resolution as though fully set forth
herein, entitled "Map and Assessment Diagram for Addition of Territory (Area 2-18, Buena
Vista, Ming) to the Consolidated Maintenance District, Bakersfield, California" for Fiscal
Year 1998-99, 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
by
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
the Council of the City of Bakersfield at a regular meeting thereof held on
APR '[ ~. 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER
CA SON, DEMOND, MACCARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER n .
CITY CLERK and Ex Off~rk of the
Council of the City of Bakersfield
APPROVED APR 14, 1999
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
S:\PROJECTSWIAINDIST\ROIW1D2-18ri
Attachments:
Exhibit "1" Exhibit "C"
Exhibit "A" Exhibit "D"
Exhibit "B" Exhibit "E"
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY (AREA 2-18, Buena Vista, Ming)
Fiscal Year 1998-99
WHEREAS, on WEDNESDAY, APRIL 14, 1999, the Council of the City of
Bakersfield adopted its Resolution of Intention No. 1191 to add territory to the
Consolidated Maintenance District pursuant to the provisions of Chapter 13.04 of Title 13
of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public
Works Director, directing him to make and file a Report; and
WHEREAS, the Public Works Director filed with the City Clerk of the Council
his report, in writing, which Report is as follows:
Public Works Director's Report
Addition of territory (Area 2-18, Buena Vista, Ming) to the Consolidated
Maintenance District is generally described as an area bounded by Kern River and the
Kern River Canal on the north, Buena Vista Road on the east, White Lane on the south
and South Allen Road on the west 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 C~ty 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, public street
medians and other public street landscaping improvements. The improvements
generally include, but are not limited to, plant forms, drainage facilities, irrigation system
pipes, conduits, water mains and/or sprinkler systems therefore, rest rooms, drinking
fountains, barbecues and storage buildings, plumbing and fixtures therefore, recreation
equipment, including swings, slides, play structures, etc., and picnic facilities, including
trash cans, fountains, benches, sidewalks, walkways, and ornamental planting, including
shrubs, ground covers and trees 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.
EXHIBIT "1"
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 2-18, Buena Vista, Ming) is being added to the
Consolidated Maintenance District for the maintenance of a public park, public street
median and other street landscaping. The area will be assigned an appropriate tier 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 will have a zero assessment for the 1998-99 fiscal
year as shown in Exhibit "E". When park and landscape improvements have been
completed, it is expected to be placed in park tier 1 and street tier 1. The estimated
maximum cost for residential development is $125.00 per Equivalent Dwelling Unit based
on full buildout of the benefit area at existing ;zoning, using 1998 dollars and 1998 Parks
Department maintenance and overhead costs.
The area will consist of Commercial and residential use, thus all parcels
within the area will be affected. Sensory benefits from installing street landscaping are
aesthetic enhancement and open space enjo~/ment.
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.
-2--
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 1998-99 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 area (Area 2-18, Buena
Vista, Ming) 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
Area 2-18
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being
portions of Sections 1 and 12, T 30 S, R 26 E., and more particularly described as follows:
Tentative Parcel Map 10403, in said Section 1.
All of said Section 12.
S',PROJ'\MD'~LEGALS\LegaI2 - 18
;EXHIBIT "A"
MAP .AND ASSES SMENT DIAGRAM
F'CsR ADDITION :),F' TERRI TORY
(AREA 2--18 '~UiF_NA VISTA, MING) TO THE
CONSC)L.IDA MAIx. TENANCE DISTR CT
BA~RSFI~LD, CALIFORNIA
NO~ TO SCALE
E*PERMANENT CITY OF BAKERSFIELD :'IRE
, I~ WHITE LANE
~T %~. RR uTH ~x' C~.ER
FILED IN THE OFFICE OF THE CITY CLERK TltlS ....DAY
CItY CLERK OF THE CITY Of
BAKERSFIELD, CALIFORNIA
FILED FOR RECORD THIS DAY OF
19~ AT M,, IN BOOK ____OF ASSESSMENT
DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA.
JAMES W. MAPLES
COUNTYASSESSOR-RECORDER
AN ASSESSMENT WAS LE~ED B~ THE CITY COUNCIL ON THE LOTS,
PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM,
SAID ASSESSMENT WAS LE~ED ON THE _____ DAY OF
· 19_._; SAID ASSESSMENT DIAGRAM AND
THE ASSESSMENT ROLL WERE RECORDED tN THE OFRCE OF THE
DEPARTMENT OF PUBLIC WORKS OF SAIO CITY ON THE __ DAY
OF . 19__. REFERENCE IS MADE TO THE
ASSESSMENT ROLL RECORDED IN THE OFFICE OF rile DEPARTMENT OF
PUBLIC WORKS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LE~ED
AGAINST EACH PARCEL OF LAND SHOWN ON THIS ASSESSMENT DrAGRAM
BY
CHIEF DEPUTY RECORDER
RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS
THIS :)AY OF . 19__.
DIRECTOR OF PUBLIC WORKS
BAKERSFIELD. CALIFORNIA
CITY CLERK OF THE C:TY OF
BAKERSFIELD, CALIFORNIA
: ,:-:
E X H IBIT (fB" ";""
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) 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) = Sxaxt
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. In the Berkshire area
(3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for
street landscaping.
(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;
Multipliecl 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 1 e:f'4
EQUIVALENT DWELLING UNIT (EDU) CHART
Equivalent Dwelling Units (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)
Dwelling Unit, less than
5 acres
1.0 Per parcel
Undeveloped R-1 zonE;d
5 acres OF more.
4/acre
Rounded down to the
nearest whole number.
Undeveloped R-1 zoned,
less than 5 acres.
l/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 :'::i,,
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
Undeveloped R-1 zoned
5 acres or more.
Parkside Village
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 & Verdugo,
Seven Oaks, North & South
Undeveloped R-1 zoned
5 acres OF more
3/acre
California Avenue
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
EXHIBIT "C~'
Page 3
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
3
0.71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
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EXHIBIT "C"
Page 4 'd 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 2-18
Said assessment is made in accordance with the benefit formula attached hereto.
1998 - 1999
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balancel(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$o.oo
S:\PROJECTS~IAINDIS'P, EXHIBITD\MD2-18D.WB2
EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 2-18
FISCAL YEAR 1998 - 1999
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 1998-99
161-060-04-00-4
161-060-07-00-3
161-060-09-01-8
161-060-10-00-1
161-060-27-00-1
161-010-43-00-2
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerkof the
Council of the City of Bakersfield
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EXHIBIT "E"
Page 1
Castle&Cooke
CALIFORNIA, INC.
February2,1999
Mr. Raul Rojas
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Re: Consolidated Maintenance District - inclusion of all of "Seven Oaks West"
MMc Job #6812.05
Dear Mr. Rojas:
In accordance with Bakerstield Municipal Code Chapter 13.04, I, Castle & Cooke California,
Inc., as owner of property located within proposed "Seven Oaks West" development, hereby
request inclusion into an existing maintenance district for the property to be subdivided. Vesting
Tentative tracts 5928 & 5936 have recently been submitted for inclusion into the district,
however, this request is to :include all of the area of future development. The following assessor
parcels apply to this request: APN 161-060-04, 07, 09, 10, and 27.
You are currently in receipt of two checks tbr the above referenced tract maps. Please return the
checks and request the appropriate amount to cover the costs of processing this request. We will
return a check for the appropriate amount~ along with a diskette of each tract map.
Please contact Roger Mclntosh at 834-4814 if you have any questions.
Sincerely,
· Step J. DeBranch
Director of Engineering
/era
10000 b"r61elltl~~ylt~'illlteB~.vl~-6)· Box 11165 · Bakersfield, CA93389-1165 · (661) 6644500 · Fax (661) 6~4q042.i.
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. 10403 Parcels 1 and 2
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this .__ day of , 199__, by
Castle & Cooke California. Inc.. a California Corporation. (hereinafter, "Owner"), in connection with the
Consolidated Maintenance District, located in the City of Bakers field, California.
The real property herein described is located within Street Tier 1 and Park Tier 1 of the
Consolidated Maintenance District, and may be assessed for maintenance of public landscaping on public
rights-of-way within the district.
Although this property may have been assessed a lesser amount in the present tax year, the
ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this
district, is $125.00 per single family dwelling, based on 1998 dollars and labor costs of the district.
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
Owner(s)/Developer(s):
Castle & Cooke California, Inc.,
a California Corporation
, 199
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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 21st day of April ,1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Resolution of Intention No. 1191 passed by
the Bakersfield City Council at a meeting held on the 14th day of April 1999, and
entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY (AREA 2-18, BUENA VISTA, MING) 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.
/s/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
BY:Depu~ty~lerk~~
S:~DOCUMENT\FORMS'~AOPOSTINGF~OI WPD
April 21, 1999