The URL can be used to link to this page

Home My WebLink AboutROI NO 1198RESOLUTION OF INTENTION NO. 1198 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-13 (MIRAMONTE, 178), 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(s) 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 4-13 (Miramonte, 178), 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 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"; (b) a map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; (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 (e) the amount of assessment to be levied against each parcel, attached hereto as Exhibit "E"; and WHEREAS, the City of Bakersfield has received a letter from the owner of the property described in Parcel Map No. 9784, 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 owners also have submitted a Proposition 218 ballot (Official Assessment Ballot) indicating their consent to the assessments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: herein. The foregoing recitals are true and correct and are incorporated 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 4-13, Miramonte, 178), 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 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 4-13 (Miramonte, 178) 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 extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Tier 1 zone of benefit and is assessed an amount not to exceed $100.00 per equivalent dwelling unit per year. -o0o- -2- 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 JUN 16 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER N ON E, APPROVED JUN ! 6 ~!!:i'<:~' BOB PI~E'~' ~" 2 MAYOR of the City of Bakersfield APPROVED as to form: BART"J. THILTGEN :' CITY ATTORNEY of the City of Bakersfield S:\PROJECTS'aVlAINDIST\ROIWID4-13roi.wpd Attachments: Exhibit "1" Exhibit "C" Exhibit "A" Exhibit "D" Exhibit "B" Exhibit "E" -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-13 (MIRAMONTE, 178) Fiscal Year 1998-1999 Addition of territory, Area 4-13 (Miramonte, 178) to the Consolidated Maintenance District is generally described as an area bounded by Highway 178 on the north, the east line of Section 14 on the east, a line 180 feet south of the south line of Section 14 on the south and Miramonte Drive on the west, excepting therefrom previously developed areas, 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 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, 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. 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 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 4-13 (Miramonte, 178) is being added to the Consolidated Maintenance District for the maintenance of 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 EXHIBIT "1" 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 landscape improvements have been completed, it is expected to be placed in street tier 1. The estimated maximum cost for residential and non-commercial development is $100.00 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 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. 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 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 4-13, Miramonte, 178), 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 2 LEGAL DESCRIPTION Area 4-13 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being portions of Sections 14, 15 and 23, T 29 S, R 29 E., and more particularly described as follows: Tentative Parcel Map 9784. EXHIBIT "A" S:\PROJECTSWIAINDIST\LEGALS\Legal4-13.wpd <: / / J PARCEL 2 20 70 acs \ \ CITY CL:iiRK OF THE CHY DF BAKERSmlELD, CALIFORNI~ C AL,IFO RN'IA \ \ x \ x III NOT fO SCALE FILED FOR RECORD "HIS .........DAY OF ___ 19_, AT .... M, IN BOOK OF ASSESSMENT DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF KERN, ST~,TE OF CALIFORNIA JAMES W. MAPLES COUNTY ASSESSOR-RECORDER CHIEF DEPUTY RECORDER RECORDED IN THE OFFIDE OF THE DEPARTMENT OF PUBLIC WORKS THIS DAY OF 19 ..... EXF-~IBI T ~B" L';-.', .... 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; 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 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 zoned 5 acres OF more. 4/acre Rounded down to the nearest whole number. Undeveloped R-1 zoned, less than 5 acres. 1/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 ob~ 'E~ L':'. 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 acFes OF moFe 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 of:~ ? :: ,:~. ~,::,~N,~' !. USE Union Avenue Non Residential Silvercreek 370-022-04 EDU 3 0.71/unit 12 units/Acre REMARKS Per parcel Shall be charged at R-3 rate as per GPA Resolution No. 22-94 Chester Avenue 6/acre Area for each parcel is based 50% on lot area and 50% on building area. S:\P ROJ ECTS~MAIN DIST\FORMU LAS\ExhC99.wpd EXHIBIT "(~ Page 4 .~'4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 4-13 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 $0.00 $0.00 S:\PROJECTS'dVlAINDIS'~EXHIBITD\MD4-13D,WB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 4-13 FISCAL YEAR 1998 - 1999 Assessment Parcel No. as shown on Map Exhibit "B" Total amount to be collected for FY 1998-99 387-010-12-00-8 387-010-36-00-8 387-010-37-00-1 387-010-40-00-9 387-020-21-00-7 387-060-01-00-1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:\MAINDIS'IAEXHIBITE'~ID4-13EWB3 EXHIBIT "E" Page 1 Recording requested by and for the benefit of the City of Bakersfield. When recorded mail to: City of Bakersfield City C!erk's Office 1501 Truxtun Avenue Bakersfield, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Parcel Map No. 9784 Parcel Nos. 1 through 8 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this __ day of , 199__ by A & E Union. Inc., a Nevada Corporation. (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfield, California. The real propert>.' herein described is located within Street 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 amoum in the presem tax year, the ultimate estimated annual assessment for maintenance of public landscaping based on full buildout of this district, is $100 .00 per equivalent dwelling unit, 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): A & E Union, Inc. a Nevada Corporation , 199 City of Bakersfield: Raul M. Rojas Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. SgPROYECTSX1viD~,COVENANTXP~tst PORTER · ROBERTSON ENGINEERING & SURVEYING, INC. May 25, 1999 City of Bakers~eld Public Works Department 1501 Tmxtun Avenue Bakersfield, CA 93301 Attn: MarLan P. Shaw Subject: Inclusion of Parcel Map 9784 in a Maintenance District Gentlemen: We, the undersigned, as owners of the property included within Parcel Map No. 9784 hereby request that the property be included within the Consolidated Maintenance District. This request is pursuant to the requirements of Municipal Code Section 13.04.021. Enclosed is a check in the amoum of $1,504.00 to cover the costs mentioned above. Further, our engineer will supply you with a disk copy of the Parcel Map for your use. We also waive our right to any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of or inclusion in a maintenance district. We have signed and are returning the enclosed Proposition 218 ballot (Official Assessment Ballot) indicating our consent to the assessments. Vice-President-A&E Union, Inc. CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT This assessment ballot is for the use of the property owner of the parcel(s) identified below, which parcel(s) is proposed to be included in the City of Bakersfield Consolidated Maintenance District (hereina~er CMD). This assessment ballot may be used to express either support for or opposition to inclusion within the CMD. In order to be counted, this assessment ballot must be signed below by an owner or, if the owner is not an individual, by an authorized representative of the owner. TO CAST THIS BALLOT, PLEASE RF, TURN THIS ENTIRE PAGE OFFICIAL ASSESSMENT BALLOT Owner ,~, ~(~ t..)~-~to~, I,~c Property description ~.l~. ~ 7 6 ~ Individual assessments shall not exceed $125.00 per equivalent dwelling unit. ASSESSMENT BALLOT MEASURE Shall the City Council of the City of Bakersfield include the above described Property within the Consolidated Maintenance District and levy an assessment not to exceed the amount set forth in the attachment? Yes No Date Owner Signature S :\PROJECTS\MAINDISTNMisc\BalIotx,wpd 5/13/99 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) Ss. 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 17th day of June ,1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1198 passed by the Bakersfield City Council at a meeting held on the 16th day of June 1999, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4-13 (MIRAMONTE, 178), TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FARNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF ASSESSMENT TO BE LEVIES AGAINST EACH PARCEL. /s/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield By: ~c~L' Deputy City Clerk S:\DOCUMENT\FORMS%AOPOSTINGROI.WPD June 17, 1999