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HomeMy WebLinkAboutRES NO 5-96RESOLUTION NO. 5 - 9 6 A RESOLUTION ESTABLISHING MAINTENANCE DISTRICT NO. 3-10 (INTERIM), CONFIRMING THE ASSESSMENT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR (COLONY/PARK) WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1142, adopted December 13, 1995, declared its intention to order the establishment of a maintenance district, preliminarily adopted, confirmed and approved the Public Works Director's Report, the boundaries of the proposed district, the fairness of the benefit formula, the amount of assessment to be levied against each parcel and the reservation of right to perform work by City forces or private contractor. Said District shall be designated Maintenance District No. 3-10, as shown and designated on that certain map entitled Map and Assessment Diagram for Maintenance District No. 3-10, City of Bakersfield, California, for Fiscal Year 1995-1996 on file in the offices of the City Clerk and Public Works Director, City of Bakersfield; 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 sole property owner within Maintenance District No. 3-10 which waives all rights to a public hearing and to a protest hearing as required by the Brown Act, Streets and Highway Code and Chapter 13.04 of the Bakersfield Municipal Code; and WHEREAS, the City Council formed the Consolidated Maintenance District on June 29, 1994, and the procedure is that all new districts formed during the fiscal year, including Maintenance District No. 3-10, will be interim districts and all such districts will be merged into the Consolidated Maintenance District at the end of each fiscal year. 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 establishes Maintenance District No. 3-10, 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. 3. Exhibits "A" and "B" attached hereto and incorporated herein by reference describe Maintenance District No. 3-10. 1 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 JAN , by the following vote: AYES: COUNCiLMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCtLMEMBE~ ABSTAIN: COUNCILMEMBER ABSEN'~ COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: JAN l.O ~ BOB PRICE MAYOR of the City of Bakersfield ,APPROVED as to form: JUDY K. SK(~USEN CITY ATFORNEY of the City of Bakersfield Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT MAINTENANCE DISTRICT NO. 3-10 (INTERIM) Fiscal Year 1995-1996 WHEREAS, on WEDNESDAY, December 13, 1995, the Council of the City of Bakersfield adopted its Resolution of Intention No. 1142 to order the establishment of a maintenance district pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and referred said proposal to the Public Works Director, directing him to make and file a Report; and Clerk of follows: WHEREAS, the Public Works Director filed with the City the Council his report, in writing, which Report is as Public Works Director's Report City of Bakersfield, Maintenance District No. 3-10 (Interim), is generally described as a district bounded by the Arvin-Edison Canal on the north, a line 990 feet east of Wible Road on the east, Berkshire Road on the south and a line 250 feet east of Wible Road on the west 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 a district 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 district for the cost of maintaining a public park, public street median 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, rest rooms, drinking fountains, barbecues and storage buildings, plumbing and fixtures therefore, recreation equipment, including swings, slides, play structures, etc., and picnic facilities, including trash cans, fountains, benches, sidewalks, walkways, parking areas and ornamental planting, including shrubs, ground covers and trees now existing or hereafter to be constructed or planted in and for said maintenance district 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. EXHIBIT "1" -1- 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. Maintenance District No. 3-10 (Interim), is being established as an interim maintenance district for the maintenance of a public park and public street median and other street landscaping. At the end of the 1995-96 fiscal year this interim district will be merged into the Consolidated Maintenance District established by the City Council on June 29, 1994. The district 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 district will have a zero assessment for the 1995-96 fiscal year. When merged into the Consolidated Maintenance District and the landscaping has been accepted by the City for maintenance, it is expected to be placed in street tier 1. The estimated maximum cost for residential development is $100.00 per Equivalent Dwelling Unit based on full build out of the benefit area at existing zoning, using 1995 dollars and 1995 Parks Department maintenance and overhead costs. The district will consist of residential uses, thus all parcels within the district 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 district. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. -2- 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 1995-96 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 Maintenance District No. 3-10 (Interim), subject to be assessed to pay the cost of maintenance and operation in said district. Dated: RAUL M. ROJAS Director of Public Works City of Bakersfield -3- MAINTENANCE DISTRICT 3-10 (INTERIM) LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 25, T 30 S, R 27 E, M.D.B. & M., and more particularly described as follows: Commencing at the northwest corner of said Section 25, said point also being the intersection of centerlines of Panama Lane and Wible Road, thence South 00° 36' 02" West, along the centerline of Wible Road, a distance of 2637.00 feet to intersect the centerline of Berkshire Road, thence South 89© 15' 11" East, along the centerline of Berkshire Road, a distance of 247.34 feet to the TRUE POINT OF BEGINNING; THENCE (1) North 01° 22' 21" West, a distance of 257.41 feet; THENCE (2) North 13° 32' 03" East, a distance of 950.07 feet; THENCE (3) South 89° 17' 04" East, a distance of 543.50 feet; THENCE (4) South 00° 44' 49" West, a distance of 1184.04 feet, to intersect the centerline of Berkshire Road; THENCE (5) North 89° 15' 11" West, a distance of 744.26 feet to the TRUE POINT OF BEGINNING. EXHIBIT "A" .,lAP AND ASSESSMENT D~..,~RAM i FOR MAINTENANCE DISTRICT NO. 3-10 (INTERIM) BAKERSFIELD, CALIFORNIA scALE: ,": ,oo' 2 22 9 10 ' ' 12 19 20 21 22 2.3 24 ~5 31 30 29 28 ~ 27 32 35 54 35 I~ JAMFS W MAPIFS MAINTENANCE DISTRICT 3-10 (INTERIM) 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) for the parcel, and; Multiplied by (t): The factor for the tier level, which equals the tier number, and; Divided by (b): The total district. number of EDU's in the (1) = S x a x t b Note: Undeveloped residential and commercial parcels shall be charged for one-half the number of EDU's for that parcel. Undeveloped industrial parcels shall be charged for 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; Divided by (b): The total number of EDU's in the district. (2) = P x a b EXHIBIT "C" Page i of 2 EOUIVALENT DWELLING UNIT [EDU) CHART Equivalent Dwelling Units (EDU's) shall potential use per zoning as follows: USE EDU 1.0 1.0 Agricultural Zone Single Family (Detached) Dwelling Unit, less than 5 acres Undeveloped R-1 zoned 5 acres or more. 4/acre Undeveloped R-1 zoned, less than 5 acres. 1/acre Multi-Family (Attached) Dwelling Unit R-2, R-3 0.71/unit Undeveloped R-2, R-3 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 be calculated by use or ~EMA~KS Per parcel Per parcel 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. EXHIBIT "C" Page 2 o[ 2 EXHIBIT 'D' MAINTENANCE DISTRICT NO. 3-10 (INTERIM) SAID ASSESSMENT IS MADE IN ACCORDANCE WITH THE BENEFIT FORMULA A~rACHED HERETO. 1995 - 1996 BUDGET Gross Budget Amount Required (Cid/Staff Services or Con~'act. Supplie~. Matedels. Utilities, end Ove~3~ead Cost~) Estimated Beginning Fund Balance / (Deficit) Less: City Contribution NET AMOUNT TO BE ASSESSED $0.00 $0.00 $o.oo $o.o~- P:\MAINOIS%EXHIBITS\MD3-10D.WK1 JAS EXHIBIT "D" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT NO. 3-10 (INTERIM) FISCAL YEAR 1995 - 1996 Assessment Parcel No. as shown on Map Exhibit "B" Total Assessment 373-010-50-00-7 $0.00 Total Date: $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield EXHIBIT "E" l 0-27-95 To'_ Raul M. Rojas. Director City. of Bakersfield Public Works Department Attention: Jacques R. LaRochelle Design Engineer Subject; Tract 5768. Phase 1 Casitas Del Quinta. Inc.. as owner of the property. located within Tract 5768, Phase 1, hereby requests the t~,rmation of an interim maintenance district for the property.. This request is pursuant to Condition == 19.1.2 of the Notice of Decision and Findings dated 6-27-94. which slates that the Subdivider shall pay all costs tbr establishing a new maintenance district or inclusion of the subdivision into an existing maintenance district. Enclosed is a check in the amount of $1,458.00 to cover the costs mentioned above. Further, our engineer will supply you with a disk copy of Tract 5768, Phase 1 for your use. Lastly, as the sole owner of the property. involved in this request I hereby waive the public hearing and protest hearing portion of the district tbrmation. Your assistance in this matter is greatly appreciated. i 'omio. President Casitu~ Del Quints. Inc. Recording requested by and when recorded mail to: City. of Bakersfield City Clerk's Office 1501 Truxtun Avenue Bak~rsF~ld, CA 93301 THIS SPACE FOR RECORDER'S USE ONLY Tract No. 5768 Lots I through 36 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of . 199 . by Casitas Del Quinta, Inc. (hereinafter. "Owner"). in connection with Maintenance District 3-10 (Interim). located in the City of Bakersfield. California. The real property herein described will be located within Tier 1 of Maintenance District 3-10 (Interim), and may be assessed for maintenance of public landscaping on public rights-of-way within the district. 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 within this tier. based on full buildout of this district. is $100.00 per single family dwelling. based on 1995 dollars and labor costs of the district. It is understood that it is the intent of the Public Works Dcpartment that said Maintenance District No. 3-10 (Interim). be merged with the Consolidated Maintenance District Beginning July 1, 1996. It is anticipated that merging of Maintenance District No. 3-10 (Interim}. with the Consolidated Maintenance District will not affect the amount of ultimate estimated annual assessment referenced above. This covenant may not be amended or modified without the prior approval of the City of Bakersfield. This covenant shall run with the lana. Property description: Dated this day of . 199 Owner( s )/Developer~ s): City. of Bakersfield: Casitas Del Quinta. Inc. V.P. DiGiorgao. President Raul M. Rojas Public Works Director NOTE: All owner(sl/developerls) signatures must be notarized. PW-jas