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HomeMy WebLinkAboutROI NO 1200RESOLUTION OF INTENTION NO. 1200 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2-16 (WIBLE, PRAIRIE), 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 2-16 (Wible, Prairie), 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 of the property described in Parcel Map No. 10296, 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: The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Directoes Report and declares that the territory within the boundaries so specified and described is the territory, Area 2-16 (Wible, Prairie), 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 2-16 (Wible, Prairie) 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. -o0o- -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 uny ~ 3 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER IX) O ~,J COUNCILMEMBER ~JO ~J ~- COUNCILMEMBER ~',~O I~¢__. CITY CLERK and Ex Officio C~rk Council of the City of Bakersfield of the APPROVED NOV 0 3 1999 MAYOR of the City of Bakersfield APPROVED AS TO FORM: BARTJ. THILTGEN City Attorney S:\P ROJ ECTS~VlAIN DIST\ROIWID2- l§ri.wpd Attachments: Exhibit "1" Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" -3- 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 4th day of November ,1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Resolution of Intention No. 1200 _passed by the Bakersfield City Council at a meeting held on the 3rd day of November 1999, and entitled: A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2-16 (WIBLE, PRAIRIE), 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. /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield Deputy City Clerk S:\DOCUMENT~FORMS~AOPOSTINGROI.WPD November 4, 1999 LEGAL DESCRIPTION Area 2-16 A parcel of land being a portion of Section 13, T. 30 S., R. 27 E., M. D. B. & M., and more particularly described as follows: Commencing at the west 1/4 corner of said Section 13, thence South 00° 35' 05" West, along the west line of said Section 13, also being the centerline of Wible Road, a distance of 1,321.36 feet, to intersect the westerly prolongation of the north line of Parcel Map No. 10296, as per map filed September 26, 1997 in Book 49 of Parcel Maps, Page 17 in the office of the Kern County Recorder, and the TRUE POINT OF BEGINNING; Thence (1) South 89° 19' 08" East, along said north line and westerly prolongation thereof, a distance of 230.00 feet; Thence (2) South 00° 35' 05" West, along the boundary of said Parcel Map, a distance of 242.00 feet; Thence (3) North 82° 31' 37" East1 along the boundary of said Parcel Map and easterly prolongation thereof, a distance of 389:60 feet to intersect the centerline of Rudnick Court; Thence (4) South 10° 27' 00" East, along said centerline, a distance of 228.44 feet, to intersect the centerline of Prairie Lane; Thence (5) South 79° 33' 00" West, along the centerline of Prairie Lane, a distance of 359.56 feet, to the beginning of a tangent curve, concave northerly, having a radius of 400.00 feet, which radius point bears North 10° 27' 00" West; Thence (6) Westerly along said curve and centerline, through a central angle of 11 ° 02' 05", an arc length of 77.04 feet; Thence (7) North 89° 24' 55" West, a distance of 230.00 feet, to intersect the west line of said Section 13, also being the centerline of Wible Read; Thence (8) North 00° 35' 05" East, along said west line and centerline, a distance of 488.21 feet to the TRUE POINT OF BEGINNING. S:\PROJ~vID\LEGALS~LEGAL2-16 EXHIBIT"A" MAI= AND ASSESSMENT DIAGRAM FOR ADDITION OF TERRITORY (AREA 2-16, WlBLE, PRAIRIE) TO THE j CONSOLIDATED MAINTENANCE DISTRICT 1 BAKERSFIELD, CALIFORNIA PAkCEL MA? ,','0. ! 0296 ....... i~?~' \ LAN DAY EXHIBIT 'B'~ City of Bakersfield PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2-16 (WIBLE, PRAIRIE) Fiscal Year 1999-2000 Addition of territory, Area 2-16 (Wible, Prairie) to the Consolidated Maintenance District is generally described as an area bounded by a line 490 feet north of Prairie Lane on the north, Rudnick Court on the east, Prairie Lane on the south and Wible 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 assessments 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 assessments include 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 parks1 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 2-16 (Wible, Prairie), 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. -~-- EXHIBIT "1" All parcels within this area shall be assessed an amount not to exceed $100.00 per equivalent dwelling unit per parcel. All such parcels are assessed $22.94 per equivalent dwelling unit (representing street tier 1) 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 non-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 2-16 (Wible, Prairie), 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- CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD RM LA 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 EXHIBIT ,,,.,,~,, ::. Page 1 of 4 ':~ 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 2 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 & 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 USE EDU REMARKS EXHIBIT "C Page 3 03'4 Union Avenue Non Residential Silvercreek 370-022-04 Chester Avenue 3 0.71/unit 12 units/Acre 6/acre 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:\P ROJ ECTS~MAIN DIST~FO RM U LAS\ExhC99.wpd EXHIBIT "C", Page 4 ~4 EXHIBIT "D" MAINTENANCE DISTRICT AREA 2.16 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:\PRO J E CTS~MAIN DIS~EXH IBITD~MD2-16 D.WB2 I~HIBIT "~" EXHIBIT "E" ASSESSMENT ROLL MAINTENANCE DISTRICT AREA 2-16 FISCAL YEAR 1999-2000 Assessment Parcel No. as shown on Map Exhibit "B" Total amount to be collected for FY 1999-2000 405-260-26-00-3 $0.00 Total $0.00 Date: City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield S:~MAINDIS3AEXH IBITE\M D 2-16 E.WB 3 EXHIBIT "E" Page 1