HomeMy WebLinkAboutROI NO 1324RESOLUTION OF INTENTION NO. 1324
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-44 (ALLEN, SNOW SE), 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 1-44 (Allen, Snow SE), 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
attached hereto as Exhibit .....E, and
levied against each parcel,
ORIGINAL
WHEREAS, the City of Bakersfield has received a letter from the owner of
the property described in Tract No. 6195 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:
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 1-44, Allen, Snow SE), 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 1-44 (Allen, Snow
SE) 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-
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the C~'~;il,~o~ the City of Bakersfield at a regular meeting thereof held on
2004 , by the following vote:
ABSTAIN:
ABSENT:
CQUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offi~o Clerk of the
Council of the City of Bakersfield
APPROVED: JAN 2 8 2004
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINA GENNARO
City Attorney
Q:~PROJECTS\MAINDIST~ROI\MDI~I4riO4.doc
Attachments:
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
3
ORIGINAL
City of Bakersfield
PUBLIC WORKS DIRECTOR'S REPORT
ADDITION OF TERRITORY, AREA 1-44 (ALLEN, SNOW SE )
Fiscal Year 2004-2005
Addition of territory, Area 1-44 (Alien, Snow SE) to the Consolidated
Maintenance District is generally described as an area bounded by Snow Road on the
north, a line 1/4 mile east of Allen Road on the east, Olive Drive 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 1-44 (Allen, Snow SE) 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"
ORIGINAL
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 2004-2005 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 1-44 (Allen, Snow SE), subject to be assessed to pay the cost of maintenance and
operation in said area.
Dated: ///~,/d~ 0¢
RAU b M. RO~JASC~~'--~
Director of Public Works
City of Bakersfield
EXHIBIT "1"
ORIGINAL
Area 1-44
LEGAL DESCRIPTION
A parcel of land situated in the City of Bakersfield, County of Kern, State of California,
being a portion of the Northwest Quarter of Section 12, T 29 S, R 26 E, M. D. B. & M.,
and more particularly described as follows:
Beginning at the northwest corner of said Section 12, being the intersection of
the centerlines of Allen Road and Snow Road;
THENCE (1) South 89° 17' 26" East, along the north line of said Section 12 and
centedine of Snow Road, a distance of 1322.58 feet;
THENCE (2) South 00° 44' 37" West, a distance of 986.98 feet;
THENCE (3) South 89° 22' 03" East, a distance of 84.53 feet;
THENCE (4) South 00° 44' 35" West, a distance of 1658.10 feet, to a point on the
centerline Olive Drive;
THENCE (5) North 89° 18' 21" West, along said centerline of Olive Drive, a
distance of 1407.10 feet to meet the centerline of Allen Road;
THENCE (6) North 00° 44' 35" East, along centerline of Allen Road, a distance of
2645.35 feet, to the northwest corner of said Section 12 and the TRUE POINT
OF BEGINNING.
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EXHIBIT"A"
0R[GiNAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 1-44, ALLEN, SNOW SE) TO THE
CONSOLIDATED MAINTENANCE DISTRICT
CALIFORNIA
BAKERSFIELD,
SNOW ROAD
ORIG
NAL
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 commemial 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 pamel
(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~
ORIGINAL
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 pamel
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.
Page 2 of "-
c..;,
ORIGINAL
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 Village (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 & Verdugo (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, Village 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 of 4~
ORIGINAL
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 96-61(1).
Stockdale, Buena Vista SW (2-22)
Park maintenance fee to be
paid per Ordinance No. 3957.
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4/03
EXHIBIT "C"
Page 4 of 4~-
ORIGINAL
EXHIBIT "D"
MAINTENANCE DISTRICT AREA 1-44
Said assessment is made in accordance with the benefit formula attached hereto.
2004-2005
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 '~"
ORIGINAL
EXHIBIT "E"
MAINTENANCE DISTRICT AREA 1-44
Assessor's Tax No.
528-010-01-00-3
528-010-10-00-9
528-010-11-00-2
ASSESSMENT ROLL
FISCAL YEAR 2004-2005
Total amount to
be collected for
FY 2004-2005
$0.00
$o.oo
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT"E"
ORIGI~,~AL
Batey Development
P.O. Box 20009
Bakersfield, CA. 93390
July 25, 2003
City of Bakersfield - Public Works Department
Attn: Marian P. Shaw
1501 Truxtun Avenue
Bakersfield, CA 93301
Dear Ms. Shaw:
RE: Inclusion of Tract Map No. 6195 in a Maintenance District
We, the undersigned, as owner of the property included within Tract Map No. 6195
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 $2,324.70 as required by the City to cover the
costs of this inclusion into 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 (Oft/cia/Assessment Ballot) indicating our consent to the
assessment.
Very truly yours,
Batey Development/~-~.~
P:\PRO J EC TS\03090'J_TR Slmair31dist ,doc
ORIGINAL
PROPOSITION 218 BALLOT
CITY OF BAKERSFIEI,D 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 BAI,LOT
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 ~if Yes
property within the Consolidated Maintenance
District and levy an assessmeat not to exceed Q No
the amount set forth above?
Owner Signature:
Title (if representing owner):
Date:
ORIGINAL
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
TH1S SPACE FOR RECORDER'S USE ONLY
Tract No. 6195, Lots I through 238.
COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT
THIS COVENANT is executed on this day of
Batey Development, Inc., a California Corporation, (hereinafter, "Owner"), in connection with the
Consolidated Maintenance District, located in the City of Bakersfield, California.
,200_,by
The real property herein 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 mn with the land.
Dated this __ day of ,200 .
Owner(s)/Developer(s):
Batey Development, [nc.,
a California Corporation
City of Bakersfield:
Ben E. Batey, President
Raul M. Rojas, Public Works Director
NOTE: All owner(s)/developer(s) signatures must be notarized.
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ORIGINAL,
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 29th day of January , 2004 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Resolution of
Intention No. 1324 .passed by the Bakersfield City Council at a meeting held on the
28th day of January, 2004 and entitled:
A RESOLUTION DECLARING INTENTION TO ADD
TERRITORY, AREA 1-44 (ALLEN, SNOW SE), TO
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.
/s/PAMELAA. McCARTHY
City Clerk of the City of Bakersfield
Deputy City Clerk
~ORIGiNAL c~