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Home My WebLink AboutRES NO 146-99RESOLUTION NO. 1 ~ 6 - 9 9 A RESOLUTION ADDING TERRITORY, AREA 4-15 (VISTA MONTANA, EAST), TO THE CONSOLIDATED MAINTENANCE DISTRICT AND CONFIRMING THE ASSESSMENTS, APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT AND AUTHORIZING COLLECTION OF ASSESSMENTS BY THE KERN COUNTY TAX COLLECTOR. (WARD 3). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1205, adopted October 6, 1999, declared its intention to add territory, Area 4-15 (Vista Montana, East), to the Consolidated Maintenance District, preliminarily confirmed and approved the Public Works Director's Report, the boundaries of the proposed additional territory, the fairness of the benefit formula and the amount of assessment to be levied against each parcel. Said additional territory shall be designated Area 4-15 (Vista Montana, East), as shown and designated on that certain map entitled Map and Assessment Diagram for Additional Territory, Area 4-15 (Vista Montana, East), to the Consolidated Maintenance District, Bakersfield, California, for Fiscal Year 1999-2000 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 property owner within the additional territory, Area 4-15 (Vista Montana, East), 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. The owner also has submitted a Proposition 218 Ballot (Official Assessment Ballot) indicating his consent to the assessment. 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 adds territory, Area 4-15 (Vista Montana, East), to the Consolidated Maintenance District 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 -1- Director's Report. 3. Exhibits "A" and "B" describe the additional territory, Area 4-15 (Vista Montana, East). 4. 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 and park improvements have not yet been installed. VVhen landscape and park improvements have been completed, street tier 1 assessments will be assessed. The benefit formula (Exhibit "C"), budget (Exhibit "D") and assessment roll (Exhibit "E") are attached hereto. 5. The Kern County Tax Collector is hereby authorized to collect such assessments. 6. Beginning in the 2000-2001 fiscal year and each fiscal year thereafter, the Public Works Director is hereby directed to prepare an Annual Report, as provided in Chapter 13.04 of the Bakersfield Municipal Code, and file it with the City Clerk within the time allowed for placement of assessments on the County tax rolls for the applicable fiscal year. Upon filing of the Annual Report, the Clerk shall set a hearing before the City Council and give Notice of Hearing in the manner prescribed in Chapter 13.04 of said Code. 7. The City Council hereby reserves the right to perform the work of maintenance and operation of the public improvements by City forces or by private contractor. Such determination and election is to be made for each year at the time the budget and assessment is approved for the year in question. .......... 000 .......... -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 g 0 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNClLMEMBER t,J O I~ COUNClLMEMBER I'JO~ ~- COUNCILMEMBER ~ C,/~ ~ CITY~CLE RK~;~d E(~x ~e~ of the Council of the City of Bakersfield APPROVED: OCT 20 1999 MAYOR of the City of Bakersfield APPROVED as to form: BART J. THILTGEN City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S~PROJECTS~vlAINDIST~ESTAB~MD4-15Est -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4-15 (Vista Montana, East) Fiscal Year 1999-2900 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, 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 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 -3.- EXHIBIT "1" parcels receiving a similar benefit. 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 comer 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. S:\PRO J ECTS~vlAIN DIST\LEGA LS%egal4-15.wpd EXHIBIT "A" MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 4-15 VISTA MONTANA, EAST) TO THE CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIELD, CAI.IFORNIA LAND Z CANYON DRIVE ~c~ ~88,;~,~R~/s,2/,,,a TRACT No 5184 7 ~ 58 i , 4 45 : 51 ', 52 ",, 54 ~ A~'' 4I ."'46 I"- '" MAP BOOK 58, PACE 181 Z EXHIBIT 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) = Sxaxt 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 wilt 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 Page li:¢f 4 ~: 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 1/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 "¢" Page 2 o~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 Villaoe 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. 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 EXHIBIT ,C ',% Page 3 ~f 4 ~':~ 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. S:\PROJECTS~1AINDIST\FORMULAS\ExhC99.wpd Page 4 Of 4 ? 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/(Deflcit) Less: City Contributions NET AMOUNT TO BE ASSESSED $0.00 $o.oo $o.oo $0.00 S:\PROJECTS/MAINDIST~EXHIBITD\MD4-15D.WB2 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 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. 5077, Phase 1 Lots 1 throuoh 12 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this __ day of , 1999, by Vista Finestra I. a Limited Liabili_ty Company. (hereinafter, "Owner"), in connection with the Consolidated Maintenance District, located in the City of Bakersfteld, 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 full 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. 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 orS 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 Assessment 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) klentified below, which parcel(s) is proposed to be included in the City of Bakersfield Consoli6ated 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 of the owner. TO CAST TillS BALLOT, PLEASE RETURN THIS ENTIRE PAGE OFFICIAL ASSESSMENT BALLOT Owner Vista Finestra 1, LLC Property description Tract 5077 Individual assessmems 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 Owner .,1999