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HomeMy WebLinkAboutROI NO 1285 RESOLUTION OF INTENTION NO. 1285 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3-19 (WIBLE, MCKEE NE), 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 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 3-19 (Wible, McKee NE), to the Consolidated Maintenance District, said area is generally described in Exhibit "A" attached hereto, to maintain and operate the 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 (b) a map and assessment diagram of the additional territory, attached hereto as Exhibit "B"; and (c) the benefit formula set forth as Exhibit "C"; and (d) a budget, Exhibit "0," 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 Tract 6124, 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 WHEREAS, said property owner has returned his assessment ballot indicating his support of the proposed assessments and inclusion in the Consolidated Maintenance District. 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, (Area 3-19, Wible, McKee NE), 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, Area 3-19 (Wible, McKee NE) 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 $125.00 per equivalent dwelling unit per year. -000- 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 DEe 11 ZGGZ , by the following vote: AYES: NOES: ABST AI N ABSENT COUNCILMEMBER CARSON. BENHAM. MAGGARD. COUCH. HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ~ CITY CLERK and Ex Offi Council of the City of Ba APPROVED: OEe 11 Z002 41". k~ ~.l/ . / /' - ; /,/ -- -/jL/ HARVEY L. H~LL/ MAYOR of the City of Bakersfield I APPROVED AS TO FORM: BART J. THIL TGEN City Attorney By: ,ILt',{,-t.zi; IN. '~ir S:IPROJ ECTSIMAI NDISTIROIIMD3-19ri02.wpd Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" 3 City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 3-19 (WIBLE, MCKEE NE) Fiscal Year 2002-2003 Addition of territory, Area 3-19 (Wible, McKee NE) to the Consolidated Maintenance District is generally described as an area bounded by a line 1/4 mile north of McKee Road on the north, a line 1/4 mile east of Wible Road on the east, McKee Road on the south, and Wible Road 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 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 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 3-19 (Wible, McKee NE) is being added to the Consolidated Maintenance District for the maintenance of a park and public street EXHIBIT "1" 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 $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 tier levels will be assigned, but in no case shall the assessments exceed $125 per equivalent dwelling unit. The area will consist of residential use, 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 "0" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory, Area 3-19 (Wible, McKee NE), subject to be assessed to pay the cost of maintenance and operation in said area. Dated: /~// ~/ 6'\.- ~- RAUL M. ROJAS' Director of Public Works City of Bakersfield EXHIBIT "1" 2 LEGAL DESCRIPTION Area 3-19 A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 36, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows: Beginning at the west quartercorner of said Section 36, also being the intersection of the centerlines of Wible Road and McKee Road; THENCE (1) North 000 35' 06" East, along the west line of said Section 36 and centerline of Wible Road, a distance of 1319.07 feet; THENCE (2) South 890 09' 52" East, a distance of 1321.71 feet; THENCE (3) South 000 35' 32" West, a distance of 1319.73 feet, to a point on the centerline of McKee Road; THENCE (5) North 890 08' 09" West, along said centerline, a distance of 1321.55 feet, to the TRUE POINT OF BEGINNING. S :IPROJ ECTSIMAI NDI STILE GALSILegaI3-19. DOC EXHIBIT "A" ~ ':) AND ASSESSMENT DIA~ lAM FOR ADDITION OF TERRITORY (AREA 3-19, WIBLE, MCKEE NE) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA 1 ~ . NOT TO SCALE 1 /- ....___."""" BOUNDARY { L'';,Af'A ,." . ^ \/1:"." 'L- __ S89"Oll'~2.E 1321.71' 1'!l..!:~A~AV~~ I~ 15 14 13 12 11 10 9 8 7 6 5 4 3 1 ~ 132 - 116~ 'L~! 131 17 _._.___....B.~ ....M~:r9W .DRIYL.___._____.~ 1/>---./ ~' C/l~\<30 18 19 20 21 22 23 24 g! 123 124 125 126 127 128 129 ~I,; :::;;:., 32 31 30 29 28 27 26 25 ~!- 122 121 120 119 118 117 116 ~15 11 ~! /' 114 ~ _._._._._._._S.TOI':!LMEAOOW.~.RIVE " 1 .-.-.-.-.-.-.--- . ' -I 113 ~ 33 34 35 36 37 38 ! 103 104105106107108109 110 111'112~ ~ I ~ EC' · UE 43 42 41 40 39 d 102 101 100 99 98 97 96 95 94 93 92 = <<~ ! _._._._.---lJ)~1 . . . GI()\~~!'Jl p--.-.--::::.,____ ~, ___ .-----..ill ~'{ANETTI 45 46 47 48 49 01 77 78 79 80 81 82 83 84 85 r--... -- A~UEI d I 86' i~1 ~ ~ ~ -- - 87 i~1 52 51 50 til 76 75 74 73 72 71 70 69~ ,C/ll- ""i 88 I~I 0' 53 y---'-.." ~, /' ~ 68 ':Jl 55 -'-'-'l--,,~rnLlmVS C.OuRr--'- 89 INREJRPI , ,...----<~67 90 'IrcoflRl] 56 57 58 ii 59 60 61 62 63 64 65 66 ( 91 i, LJ Hi ::EwE 1:,~AD ~TY (F KERN I : i---------------------PUD::~rn~=D::---- I 20__ AT _ ____.... IN BOOK _ OF ,t,SSESSUENT I Fll.fD IN THE CJ'ACE OF THE ClTYCLERK THIS _DAY OISTRICTS AT PAGE_IN 1HE a'FlCE (F THE ~TY Of' 20~ RECORDER (F THE COUNTY CF KERN. STAlE OF CAUFORNlA. I I I I -{ _J ISJON AVEN I: . I 1 I . I I I I I ~ I '" I ':J I ~ I ..J ClTYClERl< OFlME CITY OF BN<ERSFlElD. CAUfORHIA .J......~ W UAPI F"S COUNTY ASSESSOR-RECORDER BY QiEf DEPUTY RECORDEfl AN ASSESSMENT WAS l.EVa) BY THE CITY COUNaL ON THE LOTS. PIECES AND PARCELS Of LAND SHO" ON 1lIS ASSESSNENT DIAGRAM. SAIl ASSESSMENT WftS LEVIED ON THE _ OAY OF 20......; SAf) .-.ssESSMEMT DIAGRAM AND THE ASSESSMENT ROlL WERE RECORDED IN THE OFFlCE OF lME OEPARTMDH OF PUBL.lC WlJRl(S Of SAID CITY ON 1HE _ DAY OF 20_ REnRENCE IS IIlAOE TO lHE ASSESSMENT ROLl. RECORDED IN 1HE OfACE Of THE DEP....RTMENT Of PUBUC WORKS FOft THE EXACT AMOUNT <F EAQi ASSE'SSMDH l..E'o1ED AGAINST EACH PARCU Of LAND SHOWN ON 'THIS ASSESSMENT DIAGRAM. REcaa>ED IN THE OFFlOC Of THE DEPAR1IIIENT OF PUBUC W(R(S lHlS _ DAY fX' 20-, DIRECTOR Of f't.8JC 'I<<RS BAKERSf1ELD. CAlIfORNIA EXHIBIT "B" ClTYa..ERKOfTHEClTYOf BAKERSFlEUl. CALFORNIA FU: ..D3-19 11&1'1"'" 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): The number of Equivalent Dwelling Units (EDU's as defined on page 2 of this exhibit) for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the street tier number, and; Divided by (b): 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): The factor for the tier level, which equals the park tier number, and; Divided by (b): The total number of park EDU's in the district. (2) = P x a x t b Note: Since Proposition 218 was passed in November 1996, assessment rates have been frozen at the 1996-1997 level. EXHIBIT "C" Page 1 of 4 EQUIVALENT DWELLING UNIT (EDUl 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: Agricultural Zone EDU 1.0 REMARKS USE 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-Family (Attached) o 71/unit Undeveloped R-2, R-3 o 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) o 71/unit Mobile Homes in subdivisions (Owner) 1.00/unit Mixed Use Each calculated per the above, EXHIBIT "C" Page 2 of 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. 3.28/acre Rounded down to the nearest whole number. (Per condition of Annexation) Parkside Villaqe (2-01) Single Family Dwelling Unit (Vineyard) 10 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 Oaks, 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, Villaqe Lane (1-20) Non Residential 10 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) Stockdale, Callowav (1-15) Coffee, Gosford (2-15) Stockdale, Buena Vista SW (2-22) S :IPROJ E CTSIMAI N DISTIExhlbitCIExhC02. wpd EDU REMARKS 3 Per parcel 0.71/unit Shall be charged at R-3 rate, 12 units/Acre, as per GPA Resolution No. 22-94 6/acre Area for each parcel is based 50% on lot area and 50% on building area. Park maintenance fee to be paid per Agreement 96-81(1). Park maintenance fee to be paid per Ordinance No. 3957. EXHIBIT "C." Page 4 of 4 EXHIBIT "0" MAINTENANCE DISTRICT AREA 3-19 Said assessment is made in accordance with the benefit formula attached hereto. 2002-2003 BUDGET Gross Budget Amount Required (City Staff Services or Contract, Supplies, Materials and Utilities) $0.00 Estimated Beginning Fund Balance(Deficit) $0,00 Less: City Contributions $0.00 NET AMOUNT TO BE ASSESSED $0.00 EXHIBIT "0" EXHIBIT "E" MAINTENANCE DISTRICT AREA 3-19 ASSESSMENT ROLL FISCAL YEAR 2002-2003 Assessor's Parcel No. as shown on Map Exhibit "B" Total amount to be collected for FY 2002-2003 514-030-04-00- 7 $0.00 $0.00 Total Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" 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 12th day of December , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1285 passed by the Bakersfield City Council at a meeting held on the 11th day of December 2002, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 3-19 (WIBLE,MCKEE NE), 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