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Home My WebLink AboutRES NO 147-99RESOLUTION NO. I ~ "~" 9 9 A RESOLUTION ADDING TERRITORY, AREA 2-22 (STOCKDALE, BUENA VISTA, SW), 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 4). WHEREAS, the City Council of the City of Bakersfield, State of California, heretofore by Resolution of Intention No. 1206, adopted October 6, 1999, declared its intention to add territory, Area 2-22 (Stockdale, Buena Vista, SW), 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 2-22 (Stockdale, Buena Vista, SW), as shown and designated on that certain map entitled Map and Assessment Diagram for Additional Territory, Area 2-22 (Stockdale, Buena Vista, SW), 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 2-22 (Stockdale, Buena Vista, SW), 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 2-22 (Stockdale, Buena Vista, SW), 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 -3_- Works Director's Report. 3. Exhibits "A" and "B" describe the additional territory, Area 2-22 (Stockdale, Buena Vista, SW). 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 $62.86 per equivalent dwelling unit (representing street tier 2 and park 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. When landscape and park improvements have been completed, street tier 2 and park 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 1~)~)9 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MACGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~O~ ~- COUNCILMEMBER I~1 ¢>~ ~.. COUNCILMEMBER ~ O.~1~.. CITY CLERK and Ex OffiCio Clerk of the Council of the City of Bake~rsfield APPROVED: OCT ~ 0 1999 BOB P RIC(E'' ' MAYOR of the City of Bakersfield APPROVED astoform: BARTJ. THILTGEN City Attorney Attachments Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" S~PROJECTS~vlAtNDIST~ESTAB~vlD2-22 Est -3- City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY AREA 2-22 (Stockdale, Buena Vista, SW) Fiscal Year 1999-2000 Addition of territory, Area 2-22 (Stockdale, Buena Vista, SW), to the Consolidated Maintenance District is generally described as an area bounded by the Kern River and Stockdale Highway on the north, Buena Vista Road on the east, the Kern River Canal on the south and a line % mile west of Buena Vista 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 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 a public park and 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, 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, 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. EXHIBIT "1" -1- Additional territory, Area 2-22 (Stockdale, Buena Vista, SW), is being added to the Consolidated Maintenance District for the maintenance of a public park, 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. 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 $62.86 per equivalent dwelling unit (representing street tier 2 and park tier 1 assessments) for fiscal year 1999-2000, but such assessments will not be collected for this fiscal year because landscape and park improvement have not yet been installed. When landscape and park improvements have been completed, street tier 2 and park tier 1 assessments will be assessed. The area will consist of residential and nonresidential use, thus all parcels within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. Public park and 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 area (Area 2-22, Stockdale, Buena Vista, SW) 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 2-22 LEGAL DESCRIPTION A parcel of land situated in the City of Bakersfield, County of Kern, State of California, being a portion of Section 1, T 30 S, R 26 E, and Section 6, T 30 S, R 27 E, M. D. B. & M., and more particularly described as follows: Parcel 1 of Parcel Map 10334, Recorded October 10, 1996 in Book 48 of Parcel Maps at Page 82, O.R. S:\P R OJ ECTS~vlAIN DIST\LEGA LS\Lega12-22.wpd EXHIBIT"A" (AREA MAP AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY 2-22, STOCKDALE, BUENA VISTA, SW). TO CONSOLIDATED MAINTENANCE DISTRICT BAKERSFIEI.D, CALIFOi~NIA i THE NOT TO SCALE PM 10.554 PARCEl 1 SECTION 12 EXHIBtT "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) = 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 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 EDU REMARK~ Agricultural Zone 1.0 Per parcel Single Family (Detached) Dwelling Unit, less than 5 acres 1.0 Per parcel 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 2F.,-o f, 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 & Verduoo. 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 Page 3:of 4 ~" USE Union Avenue Non Residential $ilvercreek 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~IAIN DIST\FORMULAS\ExhC99.wpd EXHIBIT ".G'~/' ': ";i, Page 4 et' 4 '!:!, EXHIBIT "D" MAINTENANCE DISTRICT AREA 2-22 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 $o.oo $o.oo $0.00 S:\PROJECTS\MAINDIST~EXHIBITD/MD2-22D WB2 EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 2-22 FISCAL YEAR 1999-2000 Assessment Parcel No. as shown on Map Exhibit "B" Total amount to be collected for FY 1999-2000 161-010-63-00-0 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:/MAIN DIS3~EXHIBIT E~MD2-22 E WB3 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. 5934 Unit One Lot Nos. 1 through 55 COVENANT DISCLOSING INCLUSION IN MAINTENANCE DISTRICT THIS COVENANT is executed on this day of ,1999, by Coleman Homes. Inc.. a California Corooration. (hereinal~er, "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 2 and Park 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): Coleman Homes, Inc. a California Corporation ,1999. City of Bakersfield: Tony E. Hogg, Vice President Raul M. Rojas, Public Works Director NOTE: All owner(s)/developer(s) signatures must be notarized. Coleman Homes Building the D__ifference September 20, 1999 City of Bakersfield Pubic Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 Attn: Ms. Marian Shaw Subject: Inclusion of Parcel 1 of Parcel Map 10334 in a Maintenance District Dear Ms. Shaw: We, the undersigned, as owners of the property included within Parcel 1 of Parcel Map 10334 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. A check in the amount of $1,858.00 has been furnished to you TTM 5951 to cover the costs of inclusion within the Consolidated Maintainance District. Further, our engineer will supply you with a disk copy of the Parcel i of Parcel Map 10334 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, COL HO , INC. Division Manager 5251 Office Park Drive, Suite 200 · Bakersfield, Califonfia 93309 Telephone: 805/326-1141 · Facsimile: 805/326-1139 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 Maintenance 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 THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE OFFICIAL ASSESSMENT BALLOT Owner COLEMAN HOMES, INC. Property description PARCEL I OF PARCEL MAP NO. 10334 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 Property within the Consolidated Maintenance District and levy an annual assessment not to exceed the amount set forth above? Yes ~ No Date Owner Signature S:\PROJ ECTS~M AIN DIS~D Misc/Ballot xwd 9/15/99