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Home My WebLink AboutRES NO 93-99RESOLUTION NO.9 '9 9 A RESOLUTION ADDING TERRITORY, AREA 4-13 (MIRAMONTE, 178), 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. 1198, adopted June 16, 1999, declared its intention to add territory, Area 4~13 (Miramonte, 178), to the Consolidated Maintenance District, preliminarily confirmed and approved the Public Works Directors 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 4-13, (Miramonte, 178), as shown and designated on that certain map entitled Map and Assessment Diagram for Additional Territory, Area 4-13 (Miramonte, 178), to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 1998-99, attached hereto as Exhibit "B"; 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 4-13 (Miramonte, 178), 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, as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The Council hereby adds territory, Area 4-13 (Miramonte, 178), 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. Exhibits "A" and "B" attached hereto describe the additional territory, Area 4-13 (Miramonte, 178). 4. The assessment for the additional territory, Area 4-13 (Miramonte, 178), shall not exceed $100.00 per equivalent dwelling unit per parcel. The assessment for fiscal year 1998-99 is $0.00. 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 1999-2000 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 may to be made for each year at the time the budget and assessment is approved for the year in question. .......... 000 .......... by the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted Council of the City of Bakersfield at a regular meeting thereof held on ,lUll 3 0 199~) , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES. SULLIVAN, SALVAGGIO COUNCILMEMBER N O F3 ~ COUNCILMEMBER kl C> ~J !~ COUNCILMEMBER N ~ k) F CITY CLERK and Council of the City of Bakersfield of the APPROVED JUN 8 0 19,,~ BOB P GE MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN CITY ATTORNEY of the City of Bakersfield S:\PROJECTSWIAINDIST\ESTAB\MD4-13Est.wlxl 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 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 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 Area 4-13 LEGAL DESCRIPTION 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:\PROJECTSW~AINDIST~EGALS\Legal4-13.wpd MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY AREA 4---13, ~DMIRAMONTE 178'1 TO THE CONSOLIDATE MAINTEN,XNCE 'DISTRICT F3AKERSFIELI), CALIFORNIA ,,) NOT A PAR --,, \ \ \ IIII NOT TO SCALE CITY CLERK OF THE DTY BAKERSFIELD. CAUFORNIA AN ASSESSMENT WAS LE~ED BY FHE CiTY COUNCIL ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAC~AM. SAID ASSESSMENT WAS LEWED ON THE ___. DAY OF · i9__; SAID ASSESSMENI DIAGRAM AND THE AS!~:SSMENT ROLL VERE RECO ROED IN THE OFRCE OF THE DEPARIMENT OF PUBLIC WORKS OF SAID CIT~ ON THE __.. DAY OF , 19__, REFERENC~ 15 MADE TO THE CIT/CLERK OF THE CITY OF BAKERSRELD. CALIFORNIA BY GRIEF DEPUTY RECO~)DER RECORDED IN THE OFFICE OF THE DEPARlldENT OF PUBUC WORKS JAMES W. MAPLES COUNTY ASSESSOR-RECORDER BLED FOR RECORD THIS __ DAY OF . 19~. AT __ ___M,, IN BOOK __ Of ASSESSMENT 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 or 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-Fami ly (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>.~'; Page 2~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 Undeveloped R-1 zoned 5 acFes OF 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 more 3/acre California Avenue Non Residential 1.0 Per parcel plus 0.9 EDU's per 100 feet of California Ave. frontage EXHIBIT 't~ ~., Page 3~f 4 .... '.: i~'~' ': 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. S:\P R OJ ECTS~IAI N D IST\FO R M U LAS\ExhC99 .wpd EXHIBIT " ~" Page 4 '~f 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\MAINDIS'~EXHIBITD\MD4-13D.WB2 EXHIBIf'"D" 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 $o.oo $o.oo $o .oo $o .oo $o .oo Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:\MAINDIST~EXHIBITE~MD4-13E.WB3 EXHIBIT "E" Page I