HomeMy WebLinkAboutRES NO 028-04RESOLUTION NO. ~
A RESOLUTION ADDING TERRITORY, AREA 1-44
(ALLEN, SNOW SE), 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. 1324 adopted January 28, 2004, declared its
intention to add territory, Area 1-44 (Allen, Snow SE), 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 1-44 (Allen, Snow SE), as shown and designated on that
certain map entitled "Map and Assessment Diagram for Addition of Territory, Area 1-44
(Allen, Snow SE), to the Consolidated Maintenance District, Bakersfield, California," for
Fiscal Year 2004-2005 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 letters from the property
owner within the additional territory, Area 1-44 (Allen, Snow SE), which waive 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 Proposition 218
Ballots (Official Assessment Ballot) indicating his consent to the assessments.
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 1-44 (Allen, Snow SE), 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
Director's Report.
ORIGINAl.
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
FEB ! 1 2004 , by the following vote:
COUNCILMEMBER CARSON, BENHAM, ~A~'q~., COUCH, HANSON, S.~'L~d~'AN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER , ~
COUNCILMEMBER ~ ~
CITY CLERK and Ex Offic~Clerk of the
Council of the City of Bakersfield
FEB 1 1 2004
APPROVED:
_//
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINA GENNARO
City Attorney
Attachments
Exhibit "1"
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
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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 (Allen, 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:
RAUL M."ROJAS
Director of Public Works
City of Bakersfield
2
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
centerline 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"
ORIGINAL
MAP AND ASSESSMENT DIAGRAM
FOR ADDmON OF TERRITORY
(AREA 1-44, ALLEN, SNOW SE) TO THE j
CONSOLIDATED MAINTENANCE DISTRICT
1
BAKERSFIELD, CALIFORNIA
DAY
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 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) = Sxaxt
b
NOTE: Undeveloped residential and commercial parcels with no existing adjacent
~nedian 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
(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.
EXH Bn'
OR/GINAL
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 Villaqe (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 & Verduqo (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
Page 3 of~
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
$0.00
$0.00
Total
$0.00
Date:
City Clerk and Ex Officio Clerk of the
Council of the City of Bakersfield
EXHIBIT "E"
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
THIS 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 properly 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 ~vithout 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, Inc.,
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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