HomeMy WebLinkAboutROI NO 1295RESOLUTION OF INTENTION NO. 1295
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-20 (BUENA VISTA, PANAMA 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 3-20 (Buena Vista, Panama 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 "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 Tract 6104, 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:
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 3-20, Buena Vista, Panama 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 3-20 (Buena Vista, Panama 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.
-oOo-
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
APR 3 0 Z003 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~,P~¢~
COUNCILMEMBER 1~
COUNCILMEMBER
CITY CLERK and Ex Officio (~rk of the
Council of the City of Bakersfield
APPROVED:
APR 3 0 20O3
HARVEY L. HALL --J
MAYOR of the City of Bakersfie!d~
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"
3
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 3-20 (BUENA VISTA, PANAMA NE)
Fiscal Year 2002-2003
Addition of territory, Area 3-20 (Buena Vista, Panama NE) to the
Consolidated Maintenance District is generally described as an area bounded by Harris
Road on the north, Mountain Vista Drive on the east, Panama Lane on the south, and
Buena Vista 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 3-20 (Buena Vista, Panama 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 "D" and Exhibit "E," respectively, attached hereto and incorporated
herein as though fully set forth, upon all parcels of property within additional territory,
Area 3-20 (Buena Vista, Panama NE), subject to be assessed to pay the cost of
maintenance and operation in said area.
Dated: --~//O~,
RAUL M. ROJAS
Director of Public Works
City of Bakersfield
EXHIBIT "1"
LEGAL DESCRIPTION
Area 3-20
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 19, T 30 S, R 27 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the west quartercorner of said Section 19, also being the
intersection of the centerlines of Buena Vista Road and Harris Road;
THENCE (1) South 89° 09' 43" East, along the mid section line of said Section 19
and centerline of Harris Road, a distance of 2745.73 feet;
THENCE (2) South 00° 19' 26" West, a distance of 2640.56 feet, to a point on the
south line of said Section 19 and centerline of Panama Lane;
THENCE (3) North 89° 06' 36" West, along said south line and centerline, a
distance of 1618.83 feet;
THENCE (4) North 00° 54' 43" East, a distance of 755.00 feet;
THENCE (5) North 89° 06' 36" West, a distance of 1154.00 feet, to a point on the
west line of said Section 19 and centerline of Buena Vista Road;
THENCE (6) North 00° 54' 43" East, along said west line and centerline, a
distance of 1882.86 feet, to the TRUE POINT OF BEGINNING.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 3-20, BUENA VISTA, PANAMA NE) TO THE j
CONSOLIDATED MAINTENANCE DISTRICT
1
BAKERSFIELD, CALIFORNIA
HARRIS ROAD
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) = 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):
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 I 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.
EXHIBI~"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.
Parkside Villa.qe (2-01)
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 & Verdu.qo (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, Villa.qe Lane (1-20)
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave./
Stockdale Hwy, frontage
EXHiBiT~C,, .
Page 3~f 4
USE
Union Avenue(4-07)
Non Residential
Silvercreek (3-04)
370-022-04
Chester Avenue (4-11 & 4-16)
Wall Street (4-25)
Stockdale, Calloway (1-15)
Coffee, Gosford (2-15)
EDU
3
0.71/unit
6/acre
REMARKS
Per parcel
Shall be charged at R-3 rate,
12 units/Acre, as per GPA
Resolution No. 22-94
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
Page 4of 4
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 3-20
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 3-20
Assessor's Parcel No.
as shown on Map
Exhibit "B"
497-010-38-00-6
497-010-39-00-9
ASSESSMENT ROLL
FISCAL YEAR 2002-2003
Total amount to
be collected for
FY 2002-2003
$0.00
$o.o0
Total
$0.00
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 1st day of May , 2003 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1295 .passed by the Bakersfield City Council at a meeting held on the
30th day of May 2003, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 3-20A (BUENA VISTA, PANAMA 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 AMOUND OF
ASSESSMENT TO BELEVIED AGAINST EACH PARCEL.
/s/PAMELAA. McCARTHY
City Clerk of the City of Bakersfield
BY:Deputy-"City Clerk ~ ~
April 8, 2003
City of Bakersfield-Public Works Department
Attn: Marian P. Shaw
1501 Truxtun Avenue
Bakersfield, Calif. 93301
FOR YOUR
!NFOR AIION
Dear Ms. Shaw:
RE: Inclusion of Vesting Tentative Tract No. 6104 into a Maintenance District
We, the undersigned, as owners of the property included within Vesting Tentative Tract
No. 6104, hereby request that the property be included within the Consolidated
Maintenance District. This request is in accordance with the requirements of Bakersfield
Municipal Code Section 13.04.021, and Ordinance No. 4067.
Your department received Centex check no. 792154 in the amount of $3077.00 as
required by the City to cover the costs of this inclusion into the Consolidated
Maintenance District. Furthermore, our engineer provided you with a computer disk copy
of the map for your use. All materials and the aforementioned check were sent to your
attention on April 29, 2002, from Mclntosh & Associates. We are submitting this letter,
and another Official Assessment Ballot, as a courtesy to your staff.
We also waive our right to any and all hearings in accordance with the Brown Act, the
Bakersfield Municipal Code, and/or any other law, concerning the formation of or
inclusion the maintenance district. We have signed and are returning the enclosed
Proposition 218 ballot (Official Assessment Ballot) indicating our consent to the
assessment.
Very truly yours,
Centex Homes, a Nevada General Partnership
By: Centex Real Estate Corporation, a Nevada
Corpora~/t~ General Partner
David Ho/ch,"President-Central Valley Division
PROPOSITION 218 BALLOT
CITY OF BAKERSFIELD CONSOLIDATED MAINTENANCE DISTRICT
This assessment ballot is for the use of thc 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. T° 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 THIS BALLOT, PLEASE RETURN THIS ENTIILE PAGE]
OFFICIAl, ASSESSMF, NT BAI,LOT
CENTEX HOM~S, A NEVADA GENERAL PARTNERSHIP
Owner:
PARCELS A AND B OF P.M. I/AIl/ER NO. 02-0460 EVIDENCED BY CERTIFICATE
Property descripfion: OF COm'T.Tt~nCE DOC. NO. 02021728:26, DATED OCT. 15, 2002 ~O.R.
(address, lat/bloddtrace ar other legal
PORTION OF S.I/. 1/6 SECTION !9, T.30S.? R.2?E, M.D.M.
Individual annual assessments shall not exceed $125.00 per equivalent dwelling unit.
ASSESSM]gNT BALLOT 5'[EASLrRE
Shall the City Council of the City of
Bakersfield include the above described ~ Yes
proper~ w/~hln the Consolidated Maintenance
District and levy an assessment net to exceed CI No
the axnount set forth above?
CENTEX HOHIgS, A NEVADA GENE~ PARTNERSHIP
BY: CENTEX REAL ESTATE CORPORATION, A NlivADA
Owner S~gnamre:
DA¥ID RATIO1-, tl'I~§IDENI-ClmT~L ~3rJ.~r~ DIVISION
,,~
Date u
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
Tract No. 6104, All Lots.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of ,200__, by
Centex Homes, a Nevada General Partnership, by: Centex Real Estate Corporation, a Nevada Corporation,
Managing General Partner, (hereinafter, "Owner"), in connection with the Consolidated Maintenance District,
located in the City of Bakersfield, California.
The real property heroin described is located within the Consolidated Maintenance District and may be
assessed on an ongoing, yearly basis for maintenance of a public park and landscaping on public rights-of-way
within the district. The appropriate Street and Park Tiers will be assigned when landscape and park improvements
have been installed.
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 equivalent dwelling unit, based on 2002 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 mn with the land.
Dated this day of ,200 __.
Owner(s)/Developer(s):
Centex Homes, a Nevada General Partnership
By: Centex Real Estate Corporation,
A Nevada Corporation, Managing General Partner
City of Bakersfield:
David Hatch, President, Central Valley Division
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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