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HomeMy WebLinkAboutROI NO 1292RESOLUTION OF INTENTION NO. 1292 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1-36 (REINA, ALLEN 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 1-36 (Reina, Allen NE), 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"; 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, ©R!G NA[ attached hereto as Exhibit "E"; and WHEREAS, the City of Bakersfield has received a letter from the owner of the property described in Tract 6061, 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: 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 1-36, Reina, Allen 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 1-36 (Reina, Allen 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 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 APR 3 0 2003 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER _ CITY CLERK and Ex 0 the Council of the City of Bakersfield APPROVED: APR ,3 0 2003 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney S:tPROJECTS\MAINDIST~ROI\MD1-36ri03.doc 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 1-36 (REINA, ALLEN NE) Fiscal Year 2002-2003 Addition of territory, Area 1-36 (Reina, Allen NE) to the Consolidated Maintenance District is generally described as an area bounded by a line ~ mile north of Reina Road on the north, a line % mile east of Allen Road on the east, Reina Road on the south and Allen 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 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; 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 1-36 (Reina, Allen NE) 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 street tier in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. EXHIBIT "1" 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 level 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. 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 1-36 (Reina, Allen NE), 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 EXHIBIT "1" Area 1-36 LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 12, T 29 S, R 26 E, M. D. B. & M., and more particularly described as follows: Beginning at the southwest corner of said Section 12, also being the intersection of the centerlines of Allen Road and Reina Road; THENCE (1) North 00© 44' 23" East, along the west line of said Section 12 and centerline of Allen Road, a distance of 1321.28 feet; THENCE (2) South 89© 17' 41" East, a distance of 1321.13 feet; THENCE (3) South 00° 46' 58" West, a distance of 1321.55 feet, to a point on the south line of said Section 12 and centerline of Reina Road; THENCE (4) North 89° 16' 59" West, along said south line and centerline, a distance of 1320.14, to the TRUE POINT OF BEGINNING. S:\PROJ ECTS\MAI N DIST~LEGALS\Legal 1-33.wpd EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 1-36, REINA, ALLEN NE) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CALIFORNIA NOT TO SCALE N W BY EXHIBIT '19' 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 :~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 Agricultural Zone Single Family (Detached) Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 5 acres or more. Undeveloped R-1 zoned, less than 5 acres. Multi-Family (Attached) Undeveloped R-2, R-3 EDU REMARKS. 1.0 Per parcel 1.0 Per parcel 4/acre 1/acre 0.71/unit 0.71/unit Non Residential Mobile Homes in parks (Rent Space) Mobile Homes in subdivisions (Owner) Mixed Use 6/acre 0.71/unit 1.00/unit Rounded down to the nearest whole number. Rounded down to the nearest whole number. Number of units shall equal the acreage multiplied by 12 rounded down to the nearest whole number. Rounded to nearest .01 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 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 & Verdugo (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, Villaqe 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 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 1o be paid per Ordinance No. 3957. S:\PROJ E CTS~MAIN DIST~ExhibitC\E xhC02Amend.doc 11-26-02 EXHIBI~C" ~-~; Page ~ of 4 .~ EXHIBIT "D" MAINTENANCE DISTRICT AREA 1-36 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 EXHI "D'"~ EXHIBIT "E" MAINTENANCE DISTRICT AREA 1-36 Assessor's Parcel No. as shown on Map Exhibit "B" 462-022-17-00-8 ASSESSMENT ROLL FISCAL YEAR 2002-2003 Total amount to be collected for FY 2002-2003 $0.00 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. 1292 .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 1-36 (REINA, ALLEN 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/PAMELA A. McCARTHY City Clerk of the City of Bakersfield Depu-'ty-City Cl'erk V ~ 4500 California Avenue, Suite 202 Bakersfield, California 93509 (661) 859-2500 Fax (661) 859-2305 February 27, 2003 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1501 Truxtun Avenue Bakersfield, CA 93301 FOR YOUR Re: Inclusion of Tract 6061 in a Maintenance District Dear Ms. Shaw: We, the undersigned, as owners of the property included within Tract Map 6061 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. Enclosed is a check in the amount of $1,918.00 to cover the costs of inclusion within the Consolidated Maintenance District. Furthermore, our engineer will supply you with a computer disk copy of the map for your use. 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 in the maintenance district. We have signed and are returning the enclosed Proposition 218 ballot (Official Assessment Ballot) indicating our consent to the assessment. ~es T. Murphy President 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 THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE] OFFICIAL ASSESSMENT BALLOT Owner: Property description: '"T~ (address, lo,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 j~ Yes property within the Consolidated Maintenance District and levy an assessment not to exceed El No the amount set forth above? Owner Signature~~~.~..~ -- '1 .-[- , Title (if representing owner): I ~ ~,'"'~ I t:~ ~ ir I. Date: ,~,/~-/~_~ ~ 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. 6061, All Lots. COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this __ day of ,200__, Bakersfield Land Development, a California Limited Liabili~ Company, (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 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 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 run with the land. Dated this day of ,200 __. Ownerfs)/Developer(s): Bakersfield Land Development a California Limited Liability Company City of Bakersfield: Jim Murphy, President Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. S:\PROJECTS\MAIN DIST\COVENANT\St.d~c