HomeMy WebLinkAboutROI NO 1287RESOLUTION OF INTENTION NO. 1287
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 5-08 (PANAMA, COLONY NORTH),
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 5-08 (Panama, Colony North), to the Consolidated Maintenance
District, said area is generally described in Exhibit "A" attached hereto, to maintain and
operate the local improvements including public medians and other 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 "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 letters from the owners of
the property described as Parcel Map No. 10927, which waive 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 owners have returned their assessment ballots
indicating their 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 5-08, Panama, Colony North), 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 5-08 (Panama, Colony North) 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 zone of benefit and is assessed an amount not to exceed $125.00 per
equivalent dwelling unit per year.
-oOo-
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
~ '2 g ~n03 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER /~,.~1¢"¢.=.,=¢_:
CITY CLERK and Ex Officiq/¢lerk of the
Council of the City of Bakersfield
APPROVED:
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 5-08 (PANAMA, COLONY NORTH)
Fiscal Year 2002-2003
Addition of territory, Area 5-08 (Panama, Colony North) to the
Consolidated Maintenance District is generally described as an area bounded by a line
1/4 mile north of Panama Lane on the north, a line 1/4 mile west of South H Street on
the east, Panama Lane on the south, and Highway 99 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 public street
medians and other public street landscaping. The improvements generally include,
but are not limited to, irrigation system including water mains, sprinklers, fountains, and
electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover
and turf 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 5-08 (Panama, Colony North) is being added to
the Consolidated Maintenance District for the maintenance of public street median and
other street landscaping. The area will be assigned appropriate street 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 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 street landscaping has been installed.
When street landscape improvements have been completed, the appropriate street tier
will be assigned, but in no case shall the assessments exceed $125 per equivalent
dwelling unit.
The area will consist of nonresidential 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, R, AUL 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 5-08 (Panama, Colony North), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated:
RAUL M. RO~'-'~"-
Director of Public Works
City of Bakersfield
Area 5-08
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 24, T 30 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Commencing at the southeast corner of the southwest quarter of the southeast
quarter of said Section 24, being a point on the centerline of Panama Lane,
thence North 00° 02' 26" East, a distance of 230.00 feet to the TRUE POINT OF
BEGINNING;
THENCE (1) North 89° 53' 30" West, a distance of 1285.29 feet, to a point on the
east right of way line of State Route 99;
THENCE (2) Along the east right of way line of State Route 99 the following 4
courses, North 21 ° 47' 01" West, a distance of 219.84 feet;
THENCE (3) North 24° 13' 03" West, a distance of 148.27 feet, to the beginning
of a tangent curve, concave northeasterly, having a radius of 2,460.00 feet;
THENCE (4) Northwesterly along said curve through a central angle of 04° 35'
46", an arc distance of 197.33 feet;
THENCE (5) North 13° 48' 24" West, a distance of 580.19 feet;
THENCE (6) Leaving said east right of way line, South 89° 53' 33" East, a
distance of 299.34 feet;
THENCE (7) South 89° 53' 39" East, a distance of 1322.31 feet;
THENCE (8) South 00° 02' 26" West, a distance of 1321.76 feet, to the TRUE
POINT OF BEGINNING.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 5-08, PANAMA, COLONY) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
BAKERSFIELD, CALIFORNIA
·
NOT TO
PANAMA LANE
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) = 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
(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
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 (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 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-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
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
Polo Grounds (1-04)
Undeveloped R-1 zoned
5 acres or more.
EDU REMARKS
3.28/acre
Parkside Villaqe (2-01)
Single Family 1.0
Dwelling Unit (Vineyard)
Multi-Family
Dwelling Unit (Shores)
Multi-Family
Dwelling Unit
(Edgewater, Brookhaven,
Springs)
Non Residential 24.26
(Castle & Cooke)
Non Residential 7.56
(Parkside Partners)
Brimhall & Verduqo (1-09)
Seven Oaks, North (2-11) & South (2-20)
Undeveloped R-1 zoned 3/acre
5 acres or more
California Avenue (1-07)
Stockdale, California NE (1-18)
Stockdale, Villa~qe Lane (1-20)
Non Residential 1.0
0.86/unit
0.58/unit
Rounded down to the
nearest whole number.
(Per condition of
Annexation)
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
EDU
3
0.71/unit
REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No~ 22-94
Chester Avenue (4-11 & 4-16)
Wall Street (4-25)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
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).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
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11-26-02
EXHIBIT "C"
Page 4 of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 5-08
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 5-08
Assessor's Parcel No.
as shown on Map
Exhibit "B"
372-020-16-00-5
372-020-17-00-8
372-020-18-00-1
ASSESSMENT ROLL
FISCAL YEAR 2002-2003
Total amount to
be collected for
FY 2002-2003
$0.00
$0.00
$o.oo
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
October 23, 2002
Mr. Raul Rojas
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Attention:
Subject:
Deliver to Marian Shaw, Public Works Department.
Tentative Parcel Map No. 10927
Dear Mr. Rojas;
In accordance with Bakersfield Municipal Code Chapter 13.04, I, Sunscape Holdings IIc,
Paul C. R. Peterson and Virginia Mae Peterson, Trustees of the Peterson Trust dated
September 22, 1990 or Successor Trusee, as owners of property located with in
proposed Tentative Parcel Map No. 10927, hereby request the formation of a new
maintenance district or inclusion into an existing maintenance district for the property to
be subdivided.
Enclosed is a check in the amount of $ 1,587.60 to cover the costs of processing
related to district formation or inclusion.
~ Also, our engineer has prepared the enclosed disc copy of the above-mentioned
subdivision for your use.
[] As sole owner of the property involved in this request, I hereby waive the public
hearing portion of this district formation or inclusion into an existing maintenance district.
Please contact Randall Ber,qquist at Porter-Robertson 327-0362, if you have any
questions.
Sincerely, Sunscape Holdings IIc.
Peterson Trust dated
September 22, 1990
PROPOSITION 218 BALLOT
CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT
This assessment ballot is for the use of the property owner of the parcel(s) identified below, which are
proposed to be included in the City of Bakersfield Consolidated Maintenance District (CMD). This assessment
ballot may be used to express either support for or opposition to inclusion within the CMD. To be counted, this
assessment ballot must be signed below by the owner or, if the owner is not an individual, by an authorized
representative of the owner.
[TO CAST TI-IlS BALLOT, PLEASE RETURN THIS ENTiRE PAGE]
OFFICIAL ASSESSMENT BALLOT
Property description: "~k~T-'. ~ ['-'t. LbqZ7
(address, lot/block/tract or other legal
Individual annual 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 ~ Yes
property within the Consolidated Maintenance
District and levy an assessment not to exceed [] No
the amount set forth above?
Owner Signature:
Title (if representing owner):
Date:
Recarding 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. 10927, Lots i through 4.
COVENANT DISCLOSING INCI,USION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this _ day of ,200__, by,
Sun Scape Holdings LLC and Paul C. R. Peterson & Virginia Mae Petcrson c/o Hopper Properties (Lee
Jamison), (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in thc City
of Bakersfield, Califi~mia.
The real propcrty herein described is locatcd within the Consolidated Maintenance District and may be
asscssed on an ongoing, yearly basis I'or ~naintenuncc of public landscaping on public rights-of-way within the
district. The appropriate Street Tier will be assigned when landscape improvements have been installed.
Although this property may have been assessed a lesscr amount in the present tax year, the ultimate
estimated annual asscssment for maintenance of public landscaping based on full buildout of this district, is $125.00
per equivalent dwelling unit, based on 2002 dollars and labor costs of the district.
]'his covenant may not be amended or modified without thc prior approval of thc City of Bakersfield. ]'his
covenant shall run with the land.
Dutcd this day of
· 200 .
Owner(s}/Developer(s):
Sun Scape Holdings LLC and
Paul C R Peterson & Virginia Mac Peterson
C/o Hopper Properties (Lec Jamison}
City of Bakersfield:
Raul M. Rojas, Public Works Director
NOTE: All o~ner(s)/developer(s) signatures must be notarized.
PR()J[:( 1SMAINI)IS[(O¥1~NAN] StPMdt>c
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 30th day of January ,2003 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1287 passed by the Bakersfield City Council at a meeting held on the
29th day of January 2003, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 5-08 (PANAMA,
COLONY NORTH), TO THE CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFI8RMING 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
De pu"ty~C~ty Clerk ~