HomeMy WebLinkAboutROI NO 1205RESOLUTION OF INTENTION NO. 1205
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-15 (VISTA MONTANA, EAST), 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(s) 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 4-15 (Vista Montana, East), 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
-1-
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(s)
of the property described in Tract 5077, 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(s) 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 4-15, Vista Montana, East), benefitting 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", attached
hereto and incorporated in this resolution as though fully set forth herein, entitled "Map
and Assessment Diagram for Addition of Territory, Area 4-15 (Vista Montana, East) 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 Tier 1
zone 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
OCT 0 6 19~9 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, FtO~.%'L:-3, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~'Jo ~ E...
COUNCILMEMBER ~o~[
COUNCILMEMBER
CITY CLERK and Ex Officio (~erk of the
Council of the City of Bakersfield
APPROVED
OCT 0 6 1999
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"
-3-
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 4-15 (Vista Montana, East)
Fiscal Year 1999-2000
Addition of territory, Area 4-15 (Vista Montana, East) to the Consolidated
Maintenance District is generally described as an area bounded by a line 1/4 mile south
of Paladino Drive on the north, a line 1/8 mile east of Grand Canyon Drive on the east,
Highway 178 on the south, and Grand Canyon Drive 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 improvements. The improvements generally include,
but are not limited to, plant forms, drainage facilities, irrigation system pipes, conduits,
water mains and/or sprinkler systems therefore, sidewalks, walkways, and ornamental
planting, including shrubs, ground covers and trees 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 4-15 (Vista Montana, East) 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 tier in the Consolidated
Maintenance District so that each parcel will be assessed the same amount as other
parcels receiving a similar benefit.
-z- EXHIBIT "1"
All parcels within this area shall be assessed an amount not to exceed
$125.00 per equivalent dwelling unit per parcel. All such parcels are assessed $22.94 per
equivalent dwelling unit (representing street tier 1 assessments) for fiscal year 1999-2000,
but such assessments will not be collected for this fiscal year because landscape
improvements have not yet been installed. When landscape improvements have been
completed, street tier 1 assessments will be assessed.
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 1999-2000 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 4-15
(Vista Montana, East), 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-
Area 4-15
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of Section 16, T 29 S, R 29 E, M. D. B. & M., and more particularly
described as follows:
Beginning at the northeast corner of the south half of the northwest quarter of said
Section 16;
THENCE (1) North 89° 42' 41" East, a distance of 658.26 feet;
THENCE (2) South 00° 11' 33" East, a distance of 1320.63 feet;
THENCE (3) South 89° 43' 31" West, a distance of 659.06 feet;
THENCE (4) North 00° 09' 29" West, a distance of 1320.47 feet, to the TRUE
POINT OF BEGINNING.
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EXHIBIT "A"
MAP AND ASSESSMENT DIAGRAM
FOR ADDITION OF TERRITORY
(AREA 4-15, VISTA MONTANA, EAST1 TO THE
CONSOLIDATED MAINTENANCE DISTRICT
6
BAKERSFIELD, CALIFORNIA
<<VACANT
LAND
SUMP ~
7 1
8 J 16
2
10 4
ND CANYON DRIVE
11
12
58
TRACT No 5184
6 9
MAP BOOK 58, PAGE 181
Z
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) 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. In the Berkshire area
(3-06) and the Hosking, South H area (5-03), only subdivided parcels will be assessed for
street landscaping.
(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
EQUIVALENT DWELLING UNIT (EDU) CHART
Equivalent Dwelling Units (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
Non Residential
Mobile Homes in parks
(Rent Space)
Mobile Homes in
subdivisions (Owner)
Mixed Use
EDU REMARKS
1.0 Per parcel
1.0 Per parcel
4/acre
l/acre
0.71/unit
0.71/unit
6/acre
0.71/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
1.00/unit
Each calculated per the
above.
,
EXHIBIT ~'~C
Page ~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
Undeveloped R-1 zoned
5 acres or more.
Parkside Village
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 & Verduao.
Seven Oaks. North & South
Undeveloped R-1 zoned
5 acres or more
3/acre
California Avenue
Non Residential
1.0
Per parcel plus 0.9 EDU's per
100 feet of California Ave.
frontage
USE
Union Avenue
Non Residential
Silvercreek
370-022-04
Chester Avenue
EDU
3
0.71/unit
12 units/Acre
6/acre
REMARKS
Per parcel
Shall be charged at R-3
rate as per GPA Resolution
No. 22-94
Area for each parcel is based
50% on lot area and 50% on
building area.
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Page 4,~f 4 ~E.,
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 4-15
Said assessment is made in accordance with the benefit formula attached hereto.
1999-2000
BUDGET
Gross Budget Amount Required
(City Staff Services or Contract, Supplies, Materials and Utilities)
Estimated Beginning Fund Balance/(Deficit)
Less: City Contributions
NET AMOUNT TO BE ASSESSED
$0.00
$0.00
$o.oo
$0.00
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EXHIBIT "E"
ASSESSMENT ROLL
MAINTENANCE DISTRICT AREA 4-15
FISCAL YEAR 1999-2000
Assessment Parcel No.
as shown on Map
Exhibit "B"
Total amount to
be collected for
FY 1999-2000
387-150-01-00-7
387-150-02-00-0
387-150-03-00-3
387-150-04-00-6
$0.00
$0.00
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
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EXHIBIT "E"
Page 1
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. $077, Phase 1 Lots 1 through 12
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this __ day of , 1999,
by Vista Finestra I. a Limited Liability Company. (hereinafter, "Owner"), in connection with the
Consolidated Maintenance District, located in the City of Bakersfield, California.
The real property herein described is located within Street Tier 1 of the Consolidated
Maintenance District, 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 based on fi~ll buildout of
this district, is $125.00 per single family dwelling, based on 1999 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
Owner(s)/Developer(s):
Vista Finestra I
a Limited Liability Company
,1999
City of Bakersfield:
Raul M. Rojas
Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
S:\PROJ\MD\COV~ST
August 24, 1999
City of Bakersfield
Public Works Department
1501 Truxtun Avenue
Bakersfield, CA 93301
Attn: Marian P. Shaw
Subject: Inclusion of Tract No. 5077 in a Maintenance District
Gentlemen:
We, the undersigned, as owners of the property included within Tract No. 5077 hereby request
that the property be included within the Consolidated Maintenance District. This request is
pursuant to the requirements of Municipal Code Section 13.04.021.
Enclosed is a check in the amount of $1,516.00 to cover the costs mentioned above. Further, our
engineer will supply you with a disk copy of the Tract for your use.
We also waive our right to any and all hearings (whether pursuant to the Brown Act, the
Bakersfield Municipal Code, or any other law) concerning the formation of or inclusion in a
maintenance district.
We have signed and are returning the enclosed Proposition 218 ballot (Official Assessmem
Ballot) indicating our consent to the assessments.
Very Truly Yours,
Jim Murphy - Partmer
Vista Finestra 1, LLC
CITY OF BAKERSFIELD
CONSOLIDATED MAINTENANCE DISTRICT
IMPORTANT - OFFICIAL PROPERTY OWNER ASSESSMENT BALLOT
This assessment ballot is for the use of the property owner of the parcel(s) identified below,
which parcel(s) is proposed to be included in the City of Bakersfield Consolidated Maintenace
District (hereinafter CMD).
This assessment ballot may be used to express either support for or opposition to inclusion
within the CMD. In order to be counted, this assessment ballot must be signed below by an
owner or, if the owner is not an individual by an authorized representative oftbe owner.
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE
OFFICIAL ASSESSMENT BALLOT
Owner Vista Finestra 1, LLC
Property description Tract 5077
Individual assessments shall not exceed $ 1,516.00 per equivalent dwelling unit.
ASSESSMENT BALLOT MEASURE
Shall the City Council of the City of
Bakersfield include the above described
Property within the Consolidated Maintenance
District and levy an assessment not to exceed
The amount set forth in the attachment?
Yes X
No
Date
.,1999
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 7th day of October ,1999 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1205
_passed by the Bakersfield City Council at a meeting held on the 6th day of October
1999, and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 4-15 (VISTA MONTANA, EAST), TO TH E
CONSOLIDATED MAINTENANCE DISTRICT,
PRELIMINARILY ADOPTING, CONFIRMING AND
APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT,
THE BOUNDARIES OF THE ADDITION, THE FIARNESS OF
THE BENEFIT FORMULA, AND THE AMOUNT OF
ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL.
Is/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By Deputy City Clerk
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October 7, 1999